A. P. QIRISTIAHS MEDICAL EOOCATIONAL SOCIE'IY ETC v. APRIL 24

affiliation was pending with students to the first year of the MBBS course, despite strong'r protests voiced and several warnings issued by the University. the University it admitted to obtain the permission of On May 23, 1985 the University wrote to the Society that the State it was necessary Government and the Medical Council of India in order to start a medical college. The society was also informed that their action in admitting students in the first year MBBS course was~~ highly irregular and illegal and that it should cancel the admissions so made, and that attendance at the institutions not affiliated to or recognised by the University would not qualify a candidate for admission to any examination conducted by the University. j -~ On July 24, 1985 the State Government informed the+ society that permission to start a private medical college could not be granted. The society thereupon filed a petition in the High Court seeking a writ under Art. 226 of the Constitution to quash the refusal and to direct the Government to grant permission and the University to grant affiliation. The petition was dimissed in limine observing that there were no circU111Btances to justify compelling the Government to grant permission to the society to start a new medical college in ,... view of the restrictions placed by an expert body like the Medical Council of India that no further medical college should be started. In the appeal by special leave, it was contended that even a single individual belonging to a minority could found a -t minority institution and had the right so to do under the Constitution, and neither the Government nor the University could deny institution, though they may impose regulatory measures in the interests of uniformity, excellence of education. efficiency and the society's to establish a minority ~ interests of students should not be sacrificed 'f In the writ petition filed by some of the students admitted into the MBBS Course by the Society, it was pleaded because of the conduct or folly of the management, and that university they should be permitted examination, notwithstanding the circumstances that permission and affiliation had not been granted to the institution. to appear at A B c CHRIST, MIDICAL SOCIETY v. A.P. GOVT. 751 Dismissing the appeal and the writ petition, the Court BILD : l.(i) Die Court has the undoubted right to pierce 'ainority veil' and discover whether there is lurking behind it no minority at all and in any case, no minority ins~itution. (762 C-D) !.(ii) What is i111>ortant and what is imperative is that there 1a1St exist some real positive index to enable --,. institution to be identified as an educational institution of to allOW' the minorities. Die object of Art. 30(1) is not bogies to be raised by pretenders but to give the minorities a sense of security and a feeling of confidence,, not merely by guaranteeing the right to profess, practise and propagate religion to religious minorities and the right to conserve -'r their language, script and culture to linguistic minorities, --t but also to enable all minorities, religious or linguistic, to establish and administer educational choice. 'nlese institutions 1111st be educational institutions of D the minorities in truth and reality and not mere masked phantoms. (762 H; D-F) instituti.ons of In the instant case, the claim of the appellant to start a a:l.nority educational institution was no more than the merest > pretence. Apart from the half a dozen words "as the Christian a:l.norities educational institutions" occurring in one of the objects recited in the memorandum of association, there was nothing whatever to justify the claim of the society that the institutions proposed to be started by it were intended to be 'nlese words were added a:l.nority educational institutions. 1 11erely to found a claim on Art. 30(1) and for no other purpose. 'nley were a smoke screen. (763 A-CJ

2.(1) Many, many conditions had to be fulfilled before affiliation could be granted by society launched into the venture without fulfilling any one of them beyond appointing someone as Principal. No one could have imagined that a lll!dical college would function without a teaching hospital, without the necessary scientific equipment, without the necessary staff, without the necessary buildings :f and without the necessary funds. Yet, that is what the society the University. Yet did or pretended to do. [761 E-{;) E F G H 752 A. SUPREME COURT REPORTS [1986] 2 s.c.R. B c D E F G

#2. (ii) The establishment of a medical college in the instant case was in the nature of a financial adventure for r from gullible the society with a view individuals anxious to professional collegiate courses. It was nothing but a daring imposture and skulduggery. The Court cannot, therefore, confer on it the status and dignity of a minority institution. [761 G-H] to obtain admission to make money •

#3. The admission of students into the first year MBBS course was in defiance of the conditions laid down by the -4, ~ University. It was audacious since the society had no right to admit any student without first getting affiliation from the University for the so-called medical college. By so doing, the Society had perpetrated a huge hoax on innocent boys and girls. (758 E-G]

#4. The Court cannot by its fiat direct the University to + permit the students to appear in the examination and thereby disobey the statute, to which it owes its existence, and the regulations made by the University itself. That would be destructive of law. The students sought and obtained admission in the college despite the warnings issued by the University from time to time. That is the situation they are themselves wakefully, issuing timely warnings. (764 E; G-H; 765 A-Bl to blame. The University acted watchfully and l they_ have brought upon themselves and the rule of CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5497 of

#1985. From the Judgment and Order dated 17th October, 1985 of + the Andhra Pradesh High Court in W.P. No. 11924 of 1985. WITH Writ Petition (Civil) No. 12929 of 1985. (Under Article 32 of the Constitution of India.) S. Krishnan, J.B. Dadachanji, Mrs. A.K. Verma, Joel Peres and Ms. Lira Goswami, for the Appellant in C.A. 5497/85. i: K.K. Venugopal, S.S. Krishna, J.B. Dadachanji, Mrs. A.K. Verma, Joel Perses, Ms. Lira Goswami, for the Petitioners in W.P. No. 12929/85. CHRIST. MIDI CAL SOCIETY v. A. P. GOVT. [ CHINNAPPAAf:DDY, J.] 7 53 T.S. Krishna111.1rthy, H.S. Gururaj, S. ~ Rankumar and K. Ram Mohan for the Respondents. ·Markandeya, K. B.P. Singh, Ranjit Kumar and Harbans Singh for interveners. The Judgment of the Court was delivered by and maintain the society was, educational CHINNAPPA REDDY, J. A brazen and bizarre exploitation of -,). the naive and foolish, eager and ready-to-be-duped, aspirants for admission to professional collegiate courses, behind the smoke screen of the right of the minorities to establish and administer educational institutions of their c.hoic.e - is what this c.ase is about. A society styling itself as the 'Andhra Pradesh Christian Medic.al Educational Society' was registered on August 31, 1984. The first of the objectives mentioned in the memorandum of association of "to establish, manage institutions and impart education and training at all stages, primary, secondary, collegiate, Post-graduate a.nd doctoral, as a <llristian Minorities' F.ducational Institutions." Another object was "to promote, establish, manage and maintain Medic.al colleges, Engineering colleges, Pharmacy colleges, Commerce, 1 Literature, Arts and Sciences and Management colleges and colleges in other subjects and to promote allied activities for diffusion of useful knowledge and training." Other objects were also mentioned in the Memorandum of Association. All that is necessary to mention here is that none of the objects, apart from the first extracted object, had anything. to do with ~ any minority. Even the first mentioned object did not specify or elucidate what was meant by the statenrmt that education and training at all stages was proposed to be imparted in the "As Christian Minorities" institutions of "as a the wrods Educational Christian minorities' educational institutions" were added in order to enable the society to claim the rights guaranteed by Art. 30(1) of the Constitution and for no other purpose. This will become clearer and clearer as we narrate further facts. Institutions'. Apparently society A B c D E F G It is also worthy of note that neither the memorandum of association nor the articles of association make any reference to any amount of corpus with which institutions proposed to be founded by it were to be f inanc.ed . H the society and • ~ ,. ···i ' 754 SUPREME COURT REPORTS (1986] 2 s.c.R. initially. It was admitted before us in answer to a question by us to the learned counsel for the appellant-society that~ the society had no funds of its own apart from what was collected from the students. the Central Government may grant the memorandum of associatlon of On August 27, 1984, one Professor C.A. Adams was one of the signatories society, claiming also to be the President of a self-styled National Congress of Indian Christian addressed a letter to~_ Smt. Indira Gandhi, late Prime Minister of India, requesting them permission to establish a Central Christian University of India in Andhra Pradesh, where Christian children would be provided with facilities for education in arts, sciences, engineering and technological courses, medicine, law and theological courses. ~ The Petitions' officer attached to the Prime Minister's office+ informed Prof. Adams that his letter had been forwarded to the Ministry of Education and Culture for further action. On September 20, 1984, the Deputy Secretary to the Government of India, Ministry of Education and Culture wrote to the Presi- dent, National Congress of Indian Christians to the effect that universities could only be established under Acts of Parliament or of State Legislatures and there was, therefore, no question of giving permission to any organisation to esta- l blish a university. However, it was pointed out that it was open to private organisations to establish colleges ·of higher education which could seek affiliations to the universities in whose jurisdiction they were established. Such colleges could offer courses leading to university degrees only if they were affiliated to a university. Prof. Adams Government of India claiming that there was no legal impedi ment to the grant of permission by the GovernlfC!nt to the esta blishment of a university. It was said that if necessary, the Government could initiate legislation also. In order to avoid further delay, the letter proceeded to state, they were start- ing professional courses Rangareddy District. It was stated "to start with, as per your advice, we are proposing to start the following faculties at Vikarabad where we have our Christian Hospital, High School, Church and other vacant buildings and plenty of vacant land -f ~·" suitable for further expansion belonging to our christian churches." The Government of India was further requested to address the University of Hyderabad to grant affiliation to • in rural areas at Vikarabad then wrote to the ·~ " ~--- A B c D E F G H CHRIST. MIDI CAL SOCIETY v. A. P. GOVT. [ CHINNAf'PAREDDY, J. ] 7 55 -., ..> i- }. to be is even impression high-school, institutions false. Similarly remotely connected with the National Congress of institutions of their colleges and to recomiend to the All-India Institution of Medical Sciences to affiliate their medical college. The Government was also requested to sanction 'the Central grant' for these colleges. Earlier in the letter it was also mention ed that the Prime Minister was kind enough to agree to grant permission for establishing the Central Christian University of India in Andhra Pradesh for the benefit of two crores of Christians living in India. Most of the statements in the letter are either misleading or false. That the Prime Minister had agreed to the establishment of a Central Christian Univer sity is admitted before us reference to "our Christian Hospital, High School, and Church and vacant buildings" would give an hospital, etc. were self-styled National Congress of Indian Christians. None of -so-called organisation. This was admitted before us in answer to a question by us. While Prof. Adams in his capacity as the so-called President of Indian Christians correspondent with the Central Government, the same Professor Adams in another capacity, namely Chairman of the Andhra Pradesh Christian Medical Educational Society, entered into a correspondence with the Chief Minister of the Govern ment of Andhra Pradesh and the Vice Chancellor, Osmania University. He and one Christopher, who described himself as the Secretary of the Society addressed a letter to the Chief Minister claiming that under the provisions of Art.30(1) of the Constitution, they, the Christian minority had the right institutions of their choice and to establish educational requested him to initiate necessary action for the establish ment of a Central Christian University of India as suggested by the Government of India and to grant permission for esta blishing a Christian Medical College at Vikarabad. It was mentioned in the letter that the Government of India had in formed them that either Parliament or the State Legislature had to initiate action for establishing a university, but the Government of India had permitted them to start professional colleges and seek affiliation of the University within whose jurisdiction they fell. It is unnecessary to repeat that the reference to the grant of permission was false. On November 30, 1984, Christopher, Secretary of the National Congress of Indian Christians wrote a circlar letter to the Vice-Chan cellors of the Osmania University, the Hyderabad Central A B c D E F G H 756 A SUPREME COURT REPORTS [1986] 2 s.c.R. the Registrar of University and eight other universities all over requesting them to grant affiliation to their colleges. On January 22, 1985, the Osmania University replied stating that it was necessary for the association to submit documentary evidence regarding the fulfilment of the conditions prescribed for affiliation and to submit an appli cation in the prescribed form. The conditions of affiliation of a medical college were mentioned as :- India ~ "l. These should be. full fledged Hospital with at least (700) beds.

#2. There should be a regular out-patient deptt. Casualty Dematology well equipped labs., Lecture Halls, Demonstration Rooms for students.

#3. There should be a full fledged theatres in the College, three with seating capacity fer 150 to 200 students each and one with seating capacity for 350 to 400 students, Lecture Theatres and Demonstration necessary the Lecture Audio-Visual aids. Theatres, there should be an auditorium where 800 to 1000 persons could be seated. provided with In addition should ..( to be provided 4, Acconmodation has following Departments 1. Anatomy 2. Physiology 3, Bio-chemistry 4. Pharmacology 5. Pathology 6, Micro Biology 7. Forensic Medicine 8. Social and Preventive Medicine 9. General Medicine 10. Surgery + 11. Obstetrics and Gynaeology 12. Blood Bank. Acconmodation has to be provided for the following ~ Departments :

#5. The cost of equipment for pre-parclinical is Rs.l crore and recurring expenditure on the pre-and Paraclinical staff is Rs.24,00 lakhs p.a.

#6. The Management should establish the Labs. for * anatomy Physilogy and Bio-chemistry immediately.

#7. Amount to be provided for the construction of the following :- B c D E F G H CHRIST. MIDICAL SOCIETY v. A.P. GOVT. [CHINNAPPAREDDY, J.] 757 l. Hospital (700) beds 2. College 3. Library, Administrative Block, Auditorium Animal House and Works shop

#4. Hospital 5. Equipment & Furniture for (i) Hospital (ii) College Hostels Rs. 7 crores. Rs. 3 crores. Rs. l crore Rs. 1-1/2 crores Rs. 7-1/2 crores Rs. 5 crores.

#8. The Management should appoint a Principal with immediate effect to run the Medical College.

#9. Permission letter from Pradesh to start a Medical College. the Govt. of Andhra

#10. A Govt. Order indicating that the Bye-laws of the Ma;iagement has been registered as Minority Institution and accepted by the Government as such.

#11. Docu111?ntary evidence for the Land for locating the college and hospital.

#12. Plan of college and Hospital in proposed to be start. the proposed building in which the books, the Order placed with firl!S for 13. Copies of furniture, a equipment, resolution to the effect that the manage111?nt would provide necessary funds for furniture, equipment and books etc. if any,

#14. A copy of the constitution of the Governing Body and a copy of the Certificate of Registration of the Governing Body." A B c D E F The National Congress of Indian Christians was requested to furnish information as required in the annexture in 10 copies. G Thereafter on March 19, 1983, Professor Adams as Chairman of the Christian Medical Education Society wrote Registrar, Osmania University informing the latter that the Management was various matters 111?nt.ioned in the letter of the University taking necessary action in regard H 758 SUPREME COURT REPORTS [1986] 2 S.C.R. the proposed medical college at..( - dated January 22, 1985 and that one Dr. K. Sanjeeva Rao had\. been appointed as Principal of that College. It was stated in · the letter that there was no need to get the permission of the State Governl!Ent as the Christian Colllllllllity had a right to establish its own educational institutions under Art. 30 of the Constitution. But if permission was necessary permission had already been granted by the Central Governl!Ent in their letter dated September 20, 1984. It was also l!Entioned that 'plans and estimates' of Muttangi, Medak District were enclosed. The University was further inforl!Ed that 60 students had already been admitted to the first year of University MBBS course of 1984 session and that classes were functioning from February 25, 1985. The University was requested to send its screening Committee to inspect the college. The University was also requested to grant temporary affiliation. The letter contained the usual-+ false statel!Ents. The statel!Ent that the Central Governl!Ent had granted permission was of course false. The statel!Ent referring to 'plans and estimates' of the proposed college building at Muttangi, Medak District was again a misleading statel!Ent as it is now admitted that the society does not own any land in MutJ:angi. Though the University had called upon the society to fulfil several conditions before affiliation , could be granted, it is clear from the letter that apart from -"' appointing so11Ebody as Principal of the College, nothing what ever had been done to comply with any of the other conditions. The society itself did not ref er to any effort made by it to fulfil any of the other conditions. The admission of 60 students into the first year MBBS course was in defiance of the conditions laid down by the University. It was audacious + since the society had no right to admit any student without getting affiliation from the University. By purporting to admit students into the so-called l!Edical college, the society ~ ' had perpetrated a huge hoax on innoceI!t boys and girls. The University wrote to the society on May 23, 1985 pointing out that according to the procedure laid down, affiliation could not be granted without obtaining the feasibility report of the Screening Committee. It was also pointed out that it was necessary to obtain the permission of the State Government and the Medical Council of India in order to start a medical ct college. The society was informed that their action in admitt the first year MBBS course was highly ing students A B c D E F G H CHRIST. MIDI CAL SOCIETY v. A. P. GOVT. [ CHINNAPPAREDDY, J. ] 7 59 • 4 irregular and illegal and the society was asked to cancel the admissions made by them. It was also pointed out that atten dance at the institutions not affiliated or recognised by the University would not qualify a candidate for admission to any examination conducted by the university. 1985 to have been again published the University once ,. · advertiseirent in the 'whoever seeks admission At this juncture, it is necessary to irention that the Andhra Pradesh Christian Medical Education Society inserted an 'Deccan Chroni<:le' of December 9, 1984 ~ inviting -applications from candidates for admission to the first year MBBS course of the Andhra Pradesh r-entral Institute of Medical Sciences. When the advertiseirent care to the notice of the University authorities, they published a notification llL, informing the public in general and the student community in W particular that the Osmania University had neither permitted + nor granted affiliation in the MBBS course to the above institution' and the above institution will be doing so at his/her own risk'. The society appears inserting advertiseirents off and on inviting applications for admission to the MBBS course. So on March 4, a notification in the newspapers containing a similar warning. The warning was also broadcast on the radio and telecast on A the television. Despite all this, the society again inserted an advertiseirent in the newspapers inviting applications from candidates for admission to the first year MBBS course for the 1985 session. The University once again, had to publish a notification warning the public. On June 5, 1985, the society inserted an advertiseirent in the 'Decean Chronicle' styled as ~a 'reply notice', signed by an Advocate. The notice contained the oft-repeated false .allegation that the Central Governirent had granted permission to the society to start professional ~ colleges and that the Priire Minister herself had recomirended the grant of permission. It was claimed that the Osmania University had no power to interfere with the affairs of the Christian Medical College and that the notification published by the Osmania University was unconstitutional and uncalled the manageirent was seeking for. It was also stated that affiliation with other universitites and had made good ~progress. This of course is another false stateirent. There is ' nothing whatever to indicate that the institution had made any progress in obtaining affiliation from any other university. A B c D E F G H 760 A SUPREME COURT REPORTS [1986] 2 s.c.R. permission to start aY On July 24, 1985, the Government of Andhra Pradesh wrote two letters - one from the Medical Council o~ _ to the society informing them private medical college could not be granted as it was policy of the Government of India and the Medical Council of India not to permit opening of new medical colleges. Before us, the petitioner society disputed the statement that there was any policy decision of the Government of India or the Medical Council of India not to permit opening of new Medical colleges. But India to the Government of Andhra Pradesh and another from the Government of India to the Medical Council of India - have teen brought to our notice. In the letter dated January 16, 1981 from the Medical Council of India to the Government of the .... Andhra Pradesh it is stated, starting of any new medical colleges until all the existing . . ones are put on a firm footing." In the letter of the Govern+• ment of India to the Medical Council of India, it is stated, "At present there are 106 medical colleges in the country with an annual out turn of 12,500 medical graduates per year. This out put is considered sufficient to meet the medical man power requirements of the country. Therefore, the present policy of the Government of India is not to permit setting up of new medical colleges." "The council ls against On the refusal of the Government of Andhra Pradesh tcf grant permission to the society to start a medical college, the society filed a. writ petition in the High Court of Andhra Pradesh seeking a writ to quash the refusal of permission by the Government of Andhra Pradesh and to direct the Government to grant permission and the University to grant affiliation"+-· The claim for the issue of a writ was based on the fundamental right guaranteed by Art. 30(1) of the Constitution. The writ pet it ion was dismissed in limine by speaking order on the ground that there were no circumstances_,... to justtfy compelling the Government to grant permission to . the society to start a new medical college in view of, the restriction placed by an expert body like a Medical Council of India that no further medical college should be started. The society has filed this appeal by special leave of this court under Art. 136 of the Constitution. the High Court by a_s Even while narrating the facts, we think, we have said enough to justify a refusal by us to exercise our discretion ary jurisdiction under Art. 136 of the Constitution. We do not B C D E F G H CHRIST. MID1C/\.L SOC1ETY v. /\.,P. GOVT. [CHINN/\.PP/\.REDDY, J,] 761 "As the words, in defiance of in disregard of to be started by the University and institutions proposed the Central Government, have any doubt that the claim of the petitioner to start a minority educational iMtitution was no more than the merest the Christian Minorities pretence. Except Educational Institutions" occurring in one of the objects of the society, as mentioned in the memorand11m of association, there is nothing whatever to justify the claim of the society it were 'minority educational institutions'. Every letter written by the society whether the State Government or the University contained false and misleading /\.s we had already mentioned the petitioner had statements. the termerity to admit or pretend to admit students in the first year MBBS course without any permission being granted by the Government for the starting of the medical college and without any affiliation being granted by the University. The society did this despite the strong protest voiced by University and the several warnings issued by the university. The society acted /\.ndhra Government, Pradesh Education /\.ct, Regulations of the Osmania University and· with total in difference to the interest and welfare of the students. The society has played havoc with the careers of several score students and jeopardised their future irretrievably. Obviously the so-called establishment of a medical college was nature of a financial adventure for the so-called society and its office bearers, but an educational misadventure students. Many, many conditions had to be fulfilled before affiliation could be granted by society launched into the venture without fulfilling a single condition beyond appointing someone as principal. No one could have imagined that a medical college could function without a teaching hospital, without the necessary scientific equipment, without the necessary staff, without the necessary buildings and without the necessary funds. Yet that is what the society did or pretended to do. We do not have any doubt that the institutions were started as society and from gullible business ventures with a view to make rooney to p·rofessional individuals anxious colleges. scul-duggery. By no stretch of imagination, can we confer on it the status and dignity of a minority insti.tution. the provisions of the Osmania University Act and to obtain admission the University. Yet the so-called nothing but a daring imposture It was A B c D E F G H 762 SUPREME COURT REPORTS [1986] 2 s.c.R. - the society's right the Corporate Lawyers It was seriously contended before us that any minority, even a single individual belonging to a lllinority, could found a minority institution and had the right so to do under the Constitution an·! neither the Government nor the University could deny to establish a minority institution, at the very threshold as it were, howsoever they lll'iy impose regulatory measures in the interests of uniformity, efficiency and excellence of education. The fallacy of the argument in so far as the instant case is concerned lies in thinking that neither the Government nor the University has the right to go behind the claim that the institution is a minority institution and to investigate and satisfy itself whether is well -founded or ill -founded. The the University and ultimately the court have the Government, 'minority veil' - with due undoubted right to pierce the apologies and discover whether there is lurking behind it no minority at all and in any case, no minority institution. The object of Art. 30(1) is not to to be raised by pretenders but to give the allow bogies minorities 'a sense of security and a feeling of confidence' not merely by guaranteeing the right t~ profess, practise and propagate religion to religious minorities and the right to their language, script and culture to linguistic conserve minorities, but also to enable all minorities, religious or linguistic, educational institutions of institutions nust be truth and educational reality and not mere masked phantom;;·. They lll'iY be institutions intended to give the children of the best general and professional education, to lll'ike them complete men and women of the country and to enable them to go out into the world fully prepared and equipped. They lll'iY be institutions where special provision is lll'ide to the advantage and for the advancement of the minority children. They lll'iY be institutions where the parents of the children of the minority conmmity may expect that education in accordance with the basic tenets of their religion would be imparted by or under the guidance of teachers, learned and steeped in the faith. They lll'iY be institutions where the parents expect their children to grow in a pervasive atmosphere which is in pharmonyx with their religion or conducive to the pursuit to it. What is important and what is imperative is that there nust exist some real the institution to be identified positive index to enable their choice. These institutions of the minorities the minorities administer establish A B c D E F G H CHRIST, MIDICAL SOCIETY v. A.P. GOvr. [CHINNAPPAREDDY, J,] 763 institution of as an educational the minorities. We have ~ already said that in the present case apart from the half a 'as a Christian minorities institution' occurring dozen words in one of the meioorandum of association, there is nothing whatever, in the memorandum or the articles of association or in the actions of the society to indicate that the institution was intended to be a minority educational institution. As already found by us these half a dozen words were introduced merely to found a claim on Art. the objects recited ~ f. 30(1 ). They were a smoke-screen. It was contended before us that the permission to start a new medical college could not be refused by the Government nor could affiliation be refused by the University to a minor ..,_ ity institution on the ground that the Government of India and If the Medical Council of India had taken a policy decision not -+ to permit the starting of new medical colleges. It was said that such a policy decision would deny the minorities their right to establish an educational institution of their choice, guaranteed by Art. 30(1) of the Constitution. The argument was that the right to establish an educational institution was an absolute right of the minorities and that no restriction, based on any ground of the public interest or state or social necessity could be placed on that right so as to destroy that ~-right itself, It was said that to deny permission to a minor ity to start a medical college on the ground that there were already enough medical colleges in the country was tant~unt to denying the right of the minority guaranteed under Art. 30(1), On the other hand, it was said, when in the pursuit of general or professional educational for its members, a minor- + ity comm.mity joins the mainstream of national life, it llllSt subject itself to the national interest. The right guaranteed r bY Art. 30(1) gives the minority the full liberty to establish educational institutions of its own choice. If the minority COllllll.lnity expresses its choice and opts to join the scheme of national educational policy, it llJ.lst naturally abide by the terms of that policy unless the terms require the surrender of the right under Art. 30(1), It was said that a medical college to produce doctors needed very heavy beyond need would be a national waste apart from creating a -f- problem of unemployment in a sphere where there should be · none. It appears, if one may borrow the words of Sir Roger de In view 'there is llllch to be said on both sides'. investment and Coverley, A B c D E F G H 764 SUPREME COURT REPORTS [1986] 2 S.C.R. of our conclusion on venture an opinion on this question. the other issues we do not want ,.._ Shri K.K. Venugopal, learned counsel the students ~ the.+ - the University the regulations of the University Act and issue appropriate directions who have been admitted into the MBBS course of this insti tution, pleaded that the interests of the students should not be sacrificed because of the conduct or folly of the manage- ment and they should be permitted to appear at the University examination notwithstanding the circumstance that permission and affiliation had not been granted institution. He invited our attention to the circumstance that students of the Medical college established by the Daru-Salaam Educational Trust were permitted to appear at the examination notwithstanding the fact that affiliation had not by then been granted by the University. Shri Venugopal suggested that we _,.. Jiii protect the interests of the students. We do not think that we +-I to the request made by Shri Venugopal on can possibly acceed behalf of the students. Any direction of the nature sought by Shri Venugopal would be in clear transgression of the provi- sions of University. We cannot by our fiat direct the University to disobey the statute to which it owes its existence and the regulations made by the University itself. We cannot imagine anything tlXlre destructive of the rule of law than a direction_~ by the court to disobey the laws. The case of the medical college started by the Daru-Salaam Trust appears to stand on a different footing as we find from the record placed before us that permission had been granted by the State Government to the Trust to start the medical college and on that account, the University had granted provisional affiliation. We also + find that the Medical Council of India took strong and serious exception to the grant of provisional affiliation whereupon l the University withdrew college. We are unable to treat what the University did in the case of the Daru-Salaam Medcial College as a precedent in the present case to direct the University to do· something which it is forbidden from doing by regulations of the University. We regret that the students who have been admitted into the college have not only lost the tlXlney which they DllSt. have spent to gain admission into the ~ college, but have also lost one or two years of precious time virtually jeopardising their future careers. But that is a the affiliati.on granted the University Act and A B c D E F G H CHRIST. MIDICAL SOCIETY v. A.P. GOVT. [CHINNAPPAREDDY, J,) 765 issued by institution. If solll! did not heed situation which they have brought upon thenselves as they sought and obtained admission in the college despite the warnings issued by the University from tilll! to tilll!. We are happy to note that the University acted Wlltchfully and wake fully, issuing tilll!ly warnings to those seeking admission to the institution. We are sure many 111.1st have taken heed of the warnings issued by the university and refrained from seeking admission . warnings they are thenselves to . blalll!. Even so if they can be compensated in solll! manner, there is no reason why that may not. be done. We are told that the assets of the institutions, which have sprung out of the funds collected from the students, have been frozen. It is up to the State Governlll!nt to devise suitable ways, legislative and administrative, the students at least monetarily. The appeal filed by the society is dismissed with costs which we quantify at Rs. 10,000. The writ petition filed the circunstances, without costs. is dismissed but, the university, to compenstate the students ~- + A B c D P. S.S. Appeal and Petition dismissed,