REV FR M 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. 48a of the Bihar State universities ( University of Bihar , Bhagalpur and Ranchi ) Act, 1960 as amended by Second Amendment Act, 1961 as ultra vires Art. 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: "[1] The Superior Regular of Ranchi Jesuit Mission president ex-officeio [ii-v] Four Counsellors to the Superior Regular to be nominated by the Jesuit Mission authorities, (vi) The Principal of the College Vice president and secretary ex-officio (vii) One representative of the teaching staff of the college elected by the members of the staff. (viii) One representative of the Patna University. (ix-xi) Three persons to represent Hindu, Muslim and aboriginal interests. "

(3.) THE petitioners, therefore, claim the protection of s. 48-B and submit that as an affiliated college established by a minority based on religion or language, they are exempt from the operation of S. 48-A (6), (7), (8), (9), (10) and (11 ). THEy say that if this position is accepted, they will withdraw the petition which has become superfluous now. THE learned Attorney general while conceding that the Jesuits answer the description of minority based on religion, argues that the protection is available only if the institution was founded to conserve 'language, script or culture' and since the college is open to all sections of the people and there is no programme of this kind, the protection of Art. 30 (1) is not available. In our opinion, this argument cannot be accepted. Before we give our reasons we may read Art. 29 (1)and 30 (1), which are involved: "29. Protection of interests of minorities: (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. (2) '30 Right of minorities to establish and administer educational institutions: (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (2) "