Live Law
2024-02-01 09:09:25.0
Sibal: (referring to Article 30) the right that acrues to me is the right to administer the institution as I please of my choice. I don't think any minority institution in this country is administered by minorities. You apply the wrong test, you get the wrong answer. Take St. Stephens, how many teachers are minority? not even 5%, administration, 5%....whats the relevance? this whole numerical argument is irrelevant to Article 30. Take St Stephens in context of DU statute example, I am not part of the syndicate, I am not part of the executive council, I am not part of the academic council, that's means I am not a minority institution? what tests are we applying, never before in the history of this Court have these tests been applied. Thats why there are no judgments cited mylords.
Sibal : so my lords the mistake in Basha was that when Basha said you have not established this university as a minority, then the counsel argued but I am administering it. And Basha said you are not. Thats not the test. So governor general , rector does this etc, I ask myself if Iam enacted by an Act of the Central legistive council will there not be a substrucutre to see whether I am not maladministering ?