ABUL LAIS Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ petitions have been heard together because all contain a challenge to vires of the Bihar Coaching Institute (Control and Regulation), Act,2010 ( hereinafter referred to as 'the Act') or to some of its provisions. Petitioners are individuals or associations who are carrying on work of teaching or coaching by way of professions or occupation.

(2.) On behalf of Petitioners certain provisions, such as those under Sub-section (4) of Section 3, Section 4 and Section 6 of the Act have been assailed, mainly on the touchstone of Article 19(1) (g ) of the Constitution of India. The contention is that several provisions or requirements in the offending part of the Act have placed unreasonable restrictions upon fundamental right guaranteed to all citizens to practice any profession, or to carry on any occupation, trade or business. Secondly, some of the Petitioners have challenged the whole Act on the ground that the State Legislature does not have the legislative competence to enact such a legislation because the topic- 'Education' mentioned in Entry 25 of List III of Schedule VII of the Constitution should not be given such wide meaning so as to cover the training given by private Coaching Institutes to its students.

(3.) Further, on behalf of several Petitioners, who claim to be individual teachers or tutors, it was strenuously argued that they cannot be included under the definition of the term- "Coaching Institutes" as defined under Section 2 (ix) of the Act. This submission required us to look into the term 'Institution' as given in Law Lexicons or dictionary. As per judicial pronouncements the meaning of the term institution varies as per context and the scope of a particular enactment. On behalf of State emphasis was laid on the meaning of the term 'Institute' or 'Institution' given at the end of page 2372 of Advanced Law Lexicon by P.A. Ramanath Aiyar, 3rd. Edition,2005, according to which the word " Institution " both in legal and colloquial use admits of application to physical things which may include an establishment especially of public character or affecting a community. Sometimes this term may be used as descriptive of an establishment or place where the business or operation of a society or association is carried on. According to State, an organization concerned with carrying on training or other educational activities to provide preparation for competitive examinations or academic support to the students, even if run by an individual will be covered by the term " Coaching Institute" if the organization has more than ten students,as per definition of the term "Coaching Institute" in Section 2 ( ix ) of the Act. Prima facie, it appears that the term 'Coaching Institute' is defined keeping in mind the number of students receiving academic support and not on the number of faculties or persons associated with the organization or the institute. However, it was rightly submitted by learned Counsel for the State that what shall be the width and scope of the term 'Coaching Institute' may arise for determination if an individual challenges acts of authorities against an individual but such an issue cannot have any bearing on the vires of the Act. Hence, such submissions on behalf of some of the Petitioners need not be adjudicated in these writ petitions which have been preferred at the initial stage only to challenge vires of the Act.