AL-KARIM EDUCATIONAL TRUST Vs. STATE OF BIBAR

JUDGEMENT

(1.) These two writ petitions have been referred to me under Clause 28 of the Letters Patent because of the difference of op'inion on certain points between S. B. Sanyal, J. and Aftab Alam, J.

(2.) In the present cases the difference of opinion is only on the question as to whether the provisions of the Bihar Medical Institutions (Regulation and Control) Act, 1981 (hereinafter to be referred as to the 'Regulation Act, only) will apply to the Medical Colleges sought to be established and administered by religious and linguistic minorities. S.B. Sanyal, J. has opined that such institutions can be established and administered only subject to the provisions of the Regulation Act, whereas Aftab Alam, J. has taken the view that in the light of the Constitutional guarantee as envisaged under Article 30 of the Constitution, the provisions of (hi Regulation Act can not have any application to the minorities Institutions.

(3.) For deciding the points of law, which have fallen for consideration it is not necessary to consider the factual aspects of the case in any greater details. But for the proper appreciation of the reliefs claimed by the petitioners in the present writ applications, it is necessary to state some of the relevant facts. Al-Karim Educational Trust is the first petitioner in C.W.J.C. No. 7985 of 1990. It is a registered Society. Its claim is that in its meeting held on 31-5-1987 it was resolved to establish a Medical College, to be known as Katihar Medical College, Katihar. But curiously, in contemplation of establishing a Medical College at Katihar, the first year class of the first M B.B.S. course was started in a rented building at Patna. This was for the Session 1987-88. Admittedly, before admitting the students to the MB B.S. courses neither permission was obtained from the Government as envisaged under Section 2 of the Act nor any affiliation was accorded to the College by the University. On 16-5-1988 an application was made by the petitioner-society to L. N. Muhila University, Darbhanga, for affiliation of the College and to allow its students to appear at the first M.B.B.S. Examination conducted by the said University. It appears that pursuant to this application the University constituted an Inspection team, which inspected the College situate at Patna on 15-3-1989 and submitted its report on 15-4-1989 (Annexure-5/A of C.W.J.C. No. 7985 of 1990). The report recommended for grant of temporary affiliation for three years on fulfilment of certain conditions. Accordingly the Registrar of the University forwarded the said report to the State Government for its approval and appropriate decision. But, according to the petitioners, no Government decision in this regard has yet been communicated to them. On the hand in para 12 of the counter- affidavit filed on the behalf of the Government, it has been stated that on the basis of the materials available on the record, the State Government was satisfied that the Institution did not qualify for recognition/affiliation and, therefore, rejected the claim of the Institution for recognition.