MANORANJAN KUMAR MISHRA 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 5 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.) THE challenge on the ground of Article 19(1)(g) of the Constitution of India is specifically directed against 9 some provisions in Sub-section (4) of Sections 4 and 6 of the Act which are extracted herein below for easy reference :- Section 3 (4) : " After the commencement of this Act, any person who desires to establish or run coaching institute shall have to apply before the District Magistrate in the prescribed form with registration fee of Rs.5,000/- (Five thousand), along with the following information- (a) Determination of curriculum- (1) Curriculum for different kinds of academic support and duration for completion of curriculum shall be clarified. (2) Number of maximum students shall be mentioned for every curriculum. (b) Academic qualification of teachers- THE teaching shall be performed by non-government teachers or retired teachers having at least graduation qualification, along with the bio-data of the teachers, their academic qualification and experience shall be mentioned. ( c ) Tuition fees-(1) THE coaching institute shall have to issue a prospectus, mentioning different curriculum/ duration of completion of curriculum and with tuition fees. (2) Under the curriculum, it shall be mandatory to mention in the prospectus the number of lectures, tutorial, group discussions etc. (d) Physical Infrastructure- (1) Within the basic structure of the coaching institute, minimum one sq. meter, area should be for each student. (2) Other facilities- Under this, the following facilities, shall be made available by every coaching institute :- ( i) Sufficient furniture (bench/desk etc); (ii) Sufficient lighting arrangement ( electrification); (iii) Facility of drinking water; (iv) Facility of toilets; (v) Facility of sanitation and cleanliness; (vi) Arrangement for fire extinguisher; (vii) Medical treatment facility; (viii) Facility of parking of cycles/ vehicles; 10 Note- THE State Government may provide available infrastructure to a coaching institution for coaching on specified terms and conditions." Section 4 : "Authority- (1) Registration certificate will be given within thirty (30) days of application, by the committee constituted under the chairmanship of the District Magistrate, after examination on the basis of conditions of registration under Section-3. In case of rejection of application submitted for registration certificate, copy of the reasoned order to that effect shall be given to the applicant. A Registration Committee shall be constituted consisting of the following- (a) District Magistrate- Chairman (b) Superintendent of Police- Member ( c ) District Education Officer- Member Secretary ( d ) Principal ( Costituent college)- Member Note:- THE Principal of constituent college situated at the district headquarter shall be member. In case of more than one college, they shall be nominated by the district magistrate for one year by rotation. (2) Soon on completion of 3 years of registration, for renewal of registration, the coaching institute shall apply in prescribed form with Rs.3,000/- (Three thousand) registration fee." Section- 6 "Penalty- (1) Under this Act, the authority shall have the power of civil courts. THE authority shall have such power which is vested in the courts under civil procedure code 1908 (V of 1908) for consideration of any suit namely:- (i) To accept evidence with proof through affidavit; (ii) To summon and to enforce attendance of any person, and his examination on oath; (iii) To enforce production of records; and (iv) To award cost. (2) In case of violation of any provision of this Act 11 or the rules and notification issued under this Act; the coaching institute shall be liable to penalty as follows:- (i) Rs. 25,000/- for the first offence. (ii) Rs. 1,00,000/- shall be for the second offence; (iii) In case of proof of allegations against the coaching institute after the second offence, the registration shall be cancelled by the Committee constituted for registration, after show-cause and giving sufficient opportunity of hearing."