Held, provisions postulate that permission to start new secondary / higher secondary schools by the management will be recommended on fulfillment of conditions amongst others, that the management shall be registered under the Societies Registration Act, 1860 or under Bombay Public Trusts Act, 1950. In the present case, the Petitioners duly registered under the Societies Registration Act as well as Bombay Public Trusts Act, 1950 as public charitable trusts. Right to establish an educational institution, by now, has been recognized as a fundamental right within the meaning of Article 19 (1)(g) of the Constitution, which is guaranteed to "every citizen" of India. Thus, this right cannot be limited to only public charitable trusts, especially when the private management intends to establish the same on permanent no grant basis without taking any aid from the State Government whatsoever. It would be a different matter if the proposal for establishment of educational institution by the private management is on grant in aid basis, which institution would be inevitably funded by the Government out of public exchequer. Incase of such institution, the Government may provide for condition that only public charitable trusts would be entitled to establish educational institutions on grant in aid basis.
