SYED WELAYAT HUSSAIN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these writ applications involving common questions of fact and law were taken up for hearing together and are being disposed of by a common judgment.

(2.) Before, however, adverting to the said questions, the fact of the matter may be noticed.

(3.) One trust commonly known as Dr. Abdul Khair, Educational and Charitable Fund Trust (hereinafter called and referred to as 'the trust') is said to have been founded by one Dr. Khalid Khair. The said trust allegedly is a Muslim Minority Trust. According to the petitioners the said trust administers and maintains a College known as Maulana Azad Institute of Medical Sciences (hereinafter referred to as 'the said College') as a minority Institution within the meaning of Article 30 of the Constitution of India. The said College was established in the year 1989 and in order to achieve their object of the said trust, the family members of the founder thereof had agreed to execute deed of gift in respect of 14 acres of land in favour of the said trust. Allegedly, the Institution has a big building at Haridas Chatterjee Lane, Gaya and a nearby building is used as Hostel for the students. The authorities of the said College approached the State of Bihar for the purpose of grant of necessary approval as a minority Institution. The Governing body also filed an applications before the Medical Council of India by a letter dated 23-2-1989. By letter dated 5-4-1989, the Medical Council of India informed the trustee-in-chief of the said trust that it as also the Government of India are not in favour of starting any new Medical College in the country. The trust filed a representation on 15-12-1989 before the Chief Minister for grant of necessary permission to run the aforementioned Medical College. By another letter dated 15-1-1990 another representation to the aforementioned effect was also made to the Health Minister. By a letter dated 2-41991, the Governing Body of the College filed an application before Magadh University for its affiliation in prescribed form. By a letter dated 14-6-1991, the University informed the College that without prior permission obtained from the State Government, the application for opening such technical Institute cannot be granted. Second representation was filed by the trust to the Secretary of Health Department on 30/10/1991. The students of the said College also filed a representation on 7-2-1992 before the Governor of Bihar (Chancellor of the University), Chairman of the Inter University Board, copies whereof were also sent to the Prime Minister of India, President, Minority Commission and Vice-Chancellor, Magadh University. Petitioners have further brought on records that the Supreme Court of India by an order dated 16-7-1992 passed in S.L.P. No. 7502 of 1992 permitted holding of examination so far as the students of Katihar Medical College are concerned. The said Special Leave petition appears to have been filed against a judgment passed by learned single Judge of this Court in C.W.J.C. No. 7985 of 1990, reported in (1992) 1 Pat LJR 747, upon difference of opinion between two other Hon'ble Judges of this Court which is reported in (1991) 2 Pat LJR 56.