AL KARIM EDUCATIONAL TRUST Vs. STATE OF BIHAR

JUDGEMENT

(1.) The appellants in this appeal are (1) Al-Karim Educational Trust, Patna and (2) The Katihar Medical College, Patna, through its Principal. The respondents are (1) The State of Bihar, (2) The Chancellor. Universities of Bihar, Patna, (3) Lalit Narayan Mithila Universities, Patna and (4) Bihar Inter University Board, Patna. The Trust, sponsoring body, is a society under the Societies Registration Act. The appellants filed C.W.J.C. No. 7985/90 before the Patna High Court and sought appropriate directions to the State Government to accord recognition to the appellants college which was within the purview of L. N. Mithila University and to affiliate the college and allow its students to appear in the first part M.B.B.S. examination conducted by the said University, and for other reliefs. By a majority decision dated 7th April, 1992, the High Court held that the provisions of the Bihar Medical Institutions (Regulation and Control) Act will apply to the medical college of the appellants' society, that the said statute does not infringe the fundamental right guaranteed under Article 30 of the Constitution of India, and that the Court is not competent to issue a mandamus directing the University to permit the students of Katihar Medical College to appear at the M.B.B.S. examination conducted by the University unless the statutory requirements with regard to the permission and affiliation are fully complied with. The application if any, filed by the appellants was directed to be disposed of within a specified time. The Writ Petition was dismissed. Aggrieved by the aforesaid decision of the High Court, the appellants having obtained leave of this Court in Special Leave Petition No. 7502/92, have filed this appeal.

(2.) The appellants claim that the Muslim Religious Minority Community of Bihar founded the Trust, Al-Karim Educational Trust under the Societies Registration Act and established the Katihar Medical College for imparting education in the field of medical sciences to youths in particular and to render medical services to suffering humanity in the District of Katihar, which was in Purnea Division. It is further stated that 40 per cent of the population of the Purnea Division are Muslims. Temporary affiliation for three academic sessions was granted by the L. N. Mithila University by order dated 29-12-1989. When permanent affiliation was not granted, the appellants filed the Writ Petition in the Patna High Court, which was dismissed. This Court, while granting special leave by order dated 16-7-1992, ordered thus:

(3.) It appears that when the appeal came up for hearing, a plea was raised by the State that in the absence of prior permission to establish the College, the Trust had no right to establish it under the Bihar Medical Educational Institutions (Regulation and Control) 2nd Ordinance, 1980, which later became an Act. This Court by detailed order dated 28-9-1993 disposed of the matter and observed thus: