Once a Minority, Always a Minority': Calcutta High Court Upholds Christian Schools' Status

Calcutta, 7 March, 2025: In a landmark ruling, the Calcutta High Court has declared that a school once recognized as a minority institution will retain its minority status, regardless of whether it obtains a minority certificate from the West Bengal Minorities Commission. This decision was made on Thursday, dismissing a Public Interest Litigation (PIL) filed in 2019.

Chief Justice T. S. Sivagnanam emphasized that "once a minority, always a minority," citing a Supreme Court judgment from 1988. The judgment stated that a school's minority status is not dependent on government recognition but rather on its inherent characteristics as a minority institution.

The court's decision was based on Article 30(1) of the Constitution, which guarantees the rights of minorities to establish and administer educational institutions. The CJ observed that the petitioner was unaware of several Supreme Court judgments regarding the interpretation of this article.

The West Bengal Association of Christian Schools, which was at the center of the PIL, had argued that it was unnecessary for them to obtain a minority certificate from the commission. The association's schools have been in operation since 1800 and were listed as minority institutions long before the West Bengal Minorities Commission was established.

The division bench of CJ Sivagnanam and Justice Chaitali Chatterjee (Das) expressed doubts about the petitioner's motives, noting that they had accessed internal documents of the schools without disclosing their source.

This ruling has significant implications for minority institutions, ensuring that they can continue to operate with autonomy and receive the benefits guaranteed to them under the Constitution.

By Catholic Connect Reporter