MADHAB CHANDRA BANDOPADHYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THESE four Letters Patent Appeals arise out of the judgment and order dated 9th December, 1983 of His lordship the Hon'ble Mr. Justice B. C. Ray dismissing the Writ petition filed by Madhab Kumar Bandopadhyay and fourteen other teachers of Ramkrishna Mission Vivekananda Centenary College, rahara (hereinafter called the said College ). The said writ petitioner had, inter -alia, prayed for declaration that the ramkrishna Mission Vivekananda Centenary College was governed by the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Service Commission Act, 1978, for issue of a Writ of Mandamus Commanding the Government of west Bengal to re-constitute the Governing Body of the said college according to the standard pattern' for the Governing bodies of sponsored colleges "laid down under Order No. 752-EDN- (CS)/c. S. 80-3-77 in terms of the order dated 18th April, 1 978" and or quashing the appointment of Swami Shivamayaranda, the respondent no.- 14, as the Principal of the said college and also for commanding the Government to direct that the Principal- and teachers of the said college be appointed according to the provisions of the West Bengal College Service Commission act, 1978.

(2.) B. C. Ray. J. has hold that the said college had been established and was being administered by Ramkrishna Mission which was a religious minority and it was, therefore, entitled to protection under Article 30 (1) of the Constitution of India the learned Single Judge has held that the cult of Sri Ramkrishna was a new religion different from Hindu religion. Hence the provisions of the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Service Commission Act, 1 978 were not applicable to the said college. The learned judge further held as invalid three notices dated August 2. 1983 issued by the Calcutta University in accordance with statutes 9 3 and 9 4 of the Calcutta University First Statute, 1979 for reconstitution of the Governing Bodies of Ramkrishna mission Residential College, Narendrapur Ramkrishna Mission siksha Mandir Howrah and Ramkrishna Mission Vidya Mandir, howrah, B. C. Ray, J. accepted the claim of Sri Ramkrishna Mission that it was religious denomination but the learned Judge rejected the claim of the Mission that under Article 26 (a) of the constitution subject to public order, morality and health it had fundamental right to maintain the college. According to the learned Judge, a religious denomination under the said article 26 (a) has been given right to establish and maintain only religious and charitable institutions including institutions for imparting religious education in furtherance of the tenets or dogmas of the denomination or sect. The expression 'institutions for religions and charitable purposes' do not include institutions for imparting general education.

(3.) THE writ petitioners, Madhab Chandra Bandopadhyaya and others, have preferred F. M. A. T. No. 13 of 1934 against the order discharging their Rule. The State of West Bengal has presented F. M. A. No. 227 of 1 984 against the said decision. Ramkrishna Mission has preferred an appeal against rejection of their claim to right under Article 26 of the Constitution of India