ARYA PRATINIDHI SABHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this application we are concerned with the question as to whether the school known as "the Musaddi Lal Arya Kanya Uchtar Madhyamik Vidyalaya" at Mokamah (hereinafter referred to as "the school") is an educational institution within the meaning of Article 30 of the Constitution and whether the petitioners have the fundamental right to administer the same.

(2.) The material facts in this case are as follows:-- Petitioner No. 1 is a society registered under the Societies Registration Act and comprises of persons professing Arya Samaj faith who according to the petitioners are a religious minority within the meaning of Article 30 of the Constitution. Petitioner No. 2 is its President and petitioner No. 3 is the President of the School affiliated to the Arya Pratinidhi Sabha (petitioner No. 1) as also the President of the school. According to the petitioners, there are a number of schools including the School with which we are concerned in this case in the State of Bihar established by petitioner No. 1. It is said that this School was established on the 9th February, 1957 by the Arya Samaj, Mokamah on its own land donated for the purposes of constructing the school building for the propagation of Vedic literature and Dharma apart from the modern education to women and girls of the locality on the basis of the lines and ideals of Maharishi Swami Dayanand Sarashwati, the founder of the Arya Samaj. The school was originally established up to the middle class standard and the local Arya Samaj felt the need of the locality for a full fledged girls high school. A conference of the Arya Samaj Mokamah was held in February, 1957 from 8th February to 11th February, 1957, and it was decided therein to contribute 10 kathas of land and raise sufficient funds for the construction of the building of the School by and on behalf of the Arya Samaj. The Arya Samaj consequently constructed the building of the School on its own land situated in Chauk Bazar Mokamah with the funds raised by contribution of the people professing the Arya Samaj faith as well as the contributions of the local people. The school was managed and administered by a managing committee appointed by the Arya Samaj and the petitioners in accordance with the constitution of the Arya Pratinidhi Sabha (petitioner No. 1), a copy of which is made Annexure 1 to this application. It is alleged that the aforesaid constitution showed the name of Arya Samaj as its founder and provided for the managing committee of the school to be constituted with petitioner No. 3 and Sri Hari Charan Agrawal (life members) in recognition of their outstanding contributions, two representatives of petitioner No. 1, three representatives of the Arya Samaj Mokamah, two educationists of the locality and the Principal of the school as its members. The subdivisional education officer by his letter dated the 25th June 1960 appears to have recommended to the District Inspectress of Schools that the School run and administered by the Arya Samaj at Mokamah should be helped in its efforts (Annexure 2). On the 25th November, 1960, an application dated the 24th November, 1960 was filed by the Deputy Secretary of the school through the Inspectress of Schools. Patna, to the Secretary Board of Secondary Education Bihar, Patna (Annexure 3) for the recognition of the school as also for permission to start classes VIII and IX, and it was stated that the school was established, run and administered by the Arya Samaj. It also contained the names of the members of the managing committee of the school formed in accordance with the constitution of the school (Annexure 1). The recognition was granted and tihe constitution of the managing committee, mentioned above, was approved by the Secretary of the Board of Secondary Education Bihar, Patna. It is contended that the said managing committee continued to function without any interference by the authorities of the Board of Secondary Education even when the Bihar High Schools (Constitution. Powers and Functions of the Managing Committee) Rules 1964, came into force. It is alleged that suddenly an order dated the 26th May, 1969, of the District Inspector of Schools. Patna was passed by which petitioner No. 3 was directed to take charge of the managing committee of the School in accordance with Circular No. 1158 dated the 22nd May, 1969, as the President, the Secretary and the sole member of the ad hoc managing committee of the School. This order is Annexure 4 to this writ application. Thereafter on the 28th June, 1969, the District Inspectress of Schools. Patna, sent another letter to the Principal of the school with its copy to the persons named therein to hold a meeting at 5 p. m. on the 11th July, 1969 for the election of the guardians' representatives which is Annexure 5 to this application. These are the two Annexures which are under challenge in this writ application as being in violation of the provisions contained in Article 30 of the Constitution. Petitioner No. 3 appears to have taken charge of the management and administration of the School on the 6th July, 1969, in pursuance of the order dated the 26th May, 1969 (Annexure 4). It is said that petitioner No. 3 consulted petitioner No. 2, the President of the Arya Pratinidhi Sabha of the State of Bihar, in respect of the implications of the orders contained in Annexures 4 and 5, on whose advise, the petitioners finally decided to move this Court for an appropriate writ for restraining the respondents from interfering with the petitioners' right to administer and manage the affairs of the school in accordance with its constitution (Annexure 1). On these facts the petitioners have endeavoured to question the legality of the orders contained in Annexures 4 and 5.

(3.) On behalf of respondent No. 3, who is the Secretary of the Board of Secondary Education Patna, and responsible for the impugned orders, a counter-affidavit controverting questions of facts in material details has been filed. The stand taken by the petitioners briefly stated is as follows:-- The said school, according to respondent No. 3. was started by the local people to meet the growing need of female education in the year 1961, in sup- port of which a letter dated the 30th March, 1961 from the Secretary of the said School has been annexed as Annexure A-3 to this counter-affidavit. It is said that in 1962, the Government of Bihar, Education Department was pleased to sanction recurring and non-recurring expenditure for the establishment of a State subsidised Girls Higher Secondary School at Mokamah (vide Government Ord er No. 1667 dated the 7th November, 1962). Thereafter the Managing Committee of the proposed Musadi Lal Arya Kanya Higher Secondary School, passed a resolution in its meeting held on the 1st Octo-ber, 1963 to hand over the building of the School to the Government for establishment a State Subsidised Girls Secondary School on condition that the School should be named as "Musadi Lal Arya Kanva State Subsidised Higher Secondary School", and the committee further resolved that except naming the School as such, the Government may take all necessary action for the management of the school. The letter bearing No. 58 dated the 23 September, 1963. from the Secretary of the proposed Musadi Lal Arya Kanya Higher Secondary School in Annexure B-3 to this counter-affidavit. By the aforesaid letter, Haricharan Agrawal the Secretary of the School, on his behalf and on behalf of the managing committee of the School delivered the entire management of the institution in the hands of the Government and further said that the constitution of the managing committee would be governed by the rules framed by the Government and the Arya Samaj will have no control over it, if the condition for the naming of the school as "Musadi Lal Arya Kanya State Subsidised Higher Secondary School" was accepted by the Education Department. It also gave a list of properties of the proposed school to be made available to the Government. On the basis of Annexure A-3 it is said that the School was established in the year 1961. At any rate on the application contained in Annexure 3 to the writ petition praying for permission for opening of classes VIII end IX from January, 1961, recognition was granted for the above two classes with effect from the 1st April, 1964 by en order of the Board of Secondary Education, Bihar through letter No. 2811 dated the 15th June, 1964, on certain conditions; one of which was to get the managing committee, constituted in accordance with the new rules. It is contended that the school was established by the local people and later it was converted into a State Subsidised Higher Secondary School with the consent of its the then management and the question that the properties of the School belonged to Arya Samaj has no foundation. It is said that in view of the fact that the managing committee of the said School could not be constituted in accordance with the Bihar High School Rules of 1964, as amended by the State Legislature within the period specified under Rule 37 of the said Rules, the existing managing committee automatically came to an end under Rule 38 of the said Rules, with effect from the 24th May, 1969, and, therefore, the Board of Secondary Education issued a notification appointing the existing President of the out-going committee of all such schools where the constitution of the managing committee could not be constituted in accordance with the new rules up to the 23rd May, 1969, to exercise and perform the powers of the managing committee, its president and secretary till the reconstitution of the managing committee. It is further denied in paragraph 13 of the counter-affidavit of the Secretary of the Board of Secondary Education (respondent No. 3) that the teaching was imparted in accordance with the Vedic culture and religion, or that Hawan and Vedic prayers are offered in this school. It is also said that the properties of the school did not vest in Arya Sarnai. The school, on the other hand was State Subsidised Girls Higher Secondary School, and the entire deficit was met by the Government.