REV FATHER W PROOST Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Principal and the Rector of St. Xavier's College, Ranchi and two parents of students have filed the present petition under Art. 32 of the Constitution. The petition also purports to be filed on behalf of St. Xavier's College Ranchi and the Association of St. Xavier. The petitioners challenge S. 48-A of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960 as amended by Second Amendment Act, 1961 as ultra vires Arts. 29 and 30 of the Constitution.

(2.) St. Xavier's College was established by the Jesuits of Ranchi. It was affiliated to Patna University in 1944. The management of the college vests in a Governing Body consisting of 11 members. They are:

(3.) The College was thus founded by a christian minority and the petitioners claim they have a right to administer it, a constitutional right guaranteed to minorities by Article 30. The petitioner's complaint is that the Bihar Legislature passed an amending Act and introduced in the Bihar Universities Act S. 48-A to come into force from March 1, 1962, which deprives them of this protection and is, therefore, ultra vires. The provisions of this section are as follows:-