M MUSHTAQUE ALI KHAN Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) The petitioners have filed this writ application for quashing the order of the Magadb, University (hereinafter referred to as the "University"), dated the 18th January, 1973, a copy whereof is annexure "13" to the writ application, suspending the ad hoc Governing Body of Mirza Ghalib College, Gaya (hereinafter referred to as the "College") and constituting an ad hoc committee of persons named in the said order to manage the affairs of the College until a Governing Body was constituted in accordance with the Statutes of the University, and also for quashing certain communications issued by the respondent University, Copies whereof are annexures "8" series and "9" to the writ application. According to the petitioners, the aforesaid order and the communications issued by the University are unauthorised, illegal and arbitrary and amount to an invasion on the fundamental rights of the petitioners guaranteed under Article 30 (1) of the Constitution of India.

(2.) The case of the petitioners is that the Muslim Population of Gaya town and its neighbouring areas decided to start a Muslim Minority College hi the town of Gaya for imparting modern and scientific education to the students of the Muslim minority Community in a manner which would conserve their distinct language, culture and religion, and, with that end in view, a meeting was held on the 3rd November, 1968, which was attended by distinguished personalities of the Muslim community including Messrs. A. Hafeez, A. Salam and A. Salam Khan and a resolution was passed to that effect and it was decided to name the College as "Mirza Ghalib College, Gaya." A copy of the said resolution is annexure "1" to the writ application. In that connection, another meeting was held on the 24th November, 1968, in which again several Muslim personalities participated and a resolution was passed resolving, inter alia, that a committee consisting of Professor Shakeel Ahmad, Professor Quamar Ahmad and Shree Mahboob Warsi, Advocate, be constituted for carrying out the objects. It was also resolved that a bigger committee should be constituted named "Mirza Ghalib College Council" and whosoever would donate Rupees 500/- would be a member of the said Council. In the said resolution, the following five persons were named as members of the Council: (i) Sardar Latifur Rahman, (ii) Mahboob Warsi, (iii) Syed Muzaffar Nawab, (iv) Shafiqur Rahman, and (v) Abdus Salam Khan. The said resolution was signed by Shree A. Hafeez, who was nominated as the President of the College. A copy of the said resolution is annexure "24" to the "affidavit in reply to the application of the intervenors filed on behalf of the "petitioners".

(3.) The further case of the petitioners is that, on the 25th January, 1969, an ad hoc Governing Body for the College was constituted consisting of 12 members, apart from the Principal and two teachers' representatives. During this period, sufficient funds were collected from the Muslim community for the College and donations of 14 acres of land within the Gaya Municipality and 10 acres of bakasht land were made by the Muslims of the locality for the proposed College. On the 1st February, 1969, an application was filed before the University for affiliation of the proposed College and Rs. 500/- was deposited as inspection cost. A copy of the said application is annexure "2" to the writ application. In the said application it was mentioned that the elites and citizens of Gaya had decided to start and run a Muslim Minority College in the town of Gaya which would "cater mainly to the educational needs and requirements of the students of the Muslim Community." Names of 12 persons to be members of the ad hoc Governing Body of the College, apart from the Principal and two teachers' representatives, were mentioned in the said application. Bye-laws and Rules of the College were framed which were duly approved and adopted at a general meeting of the committee and copies thereof were sent to the State Bank of India, Gaya and to the respondent University and others. The aforesaid Bye-Laws and Rules were amended by the Councillors from time to time. A copy of the amended "Bye-Laws and Rules of Mirza Ghalib College, Gaya, 1971" is annexure "3" to the writ application.