PANNA LAL BHARATIYA Vs. MAGADH UNIVERSITY

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution of India by Panna Lal Bharatiya, his son Govind Prasad Bharatiya and one Kashi Prasac Harlalka. The petitioners claim to belong to the community of Marwaris, popularly known as Rajasthanis in Bihar, and have been living in Patna City since long. A prayer has been made to quash the orders contained in Annexures 10 and 11 and to restrain the respondents from interfering with the petitioners' right of administration of the Rameshwardas Pannalal Manila Mahavidyalaya, Patna City (hereinafter referred to as the College). Annexure 10 is an office order contained in Memo No. 3631-37 dated the 25th July, 1974, from the Deputy Registrar of the Magadh University, whereby an ad hoc committee consisting of the Sub-divisional Officer, Patna City (convenor). Shri Rajendra Prasad Sinha. Principal College of Commerce, Patna, Shri Girdhari Lal Bharatiya (donors' representative) and the Professor-in-Charge was constituted in pursuance of an ageement reached by the Government with the federation of teachers of the University of Bihar. Annexure 11 is another office order contained in Memo No. 1118/74-3911-15 dated the 15th August. 1974, under the signature of the Registrar of the Magadh University (respondent No. 2) appointing a committee consisting of the District Magistrate. Patna, the Sub-divisional Officer. Patna City, and the principal of the college to constitute the Governing Body of the College.

(2.) The facts leading to this application may be summarised thus: The petitioners state that they have a distinct language known as Rajasthani and have a distinct script known as Mahajani with a separate and distinct culture. Accordingly, they claim that the Rajasthanis in Bihar constitute a minority community on the basis of language as their population in the State is less than ten per cent. of the total population of the State. The citizens of Patna City suffered for long for want of a good educational institution for higher studies and in that behalf several attempts are said to have been made to establish colleges for boys and girls of the residents of Patna City. A college known as Shri Guru Govind Singh College came to exist sometime in the year 1961. An attempt was made to provide coeducation in the said college but experience revealed that parents were not willing to send their female wards to a college which provided co-education. According to the petitioners, on 24-3-1970, the residents of Patna City belonging to Rajasthani origin held a Priti Sammelan at the residence of Panna Lal Bharatiya (petitioner No. 1) which was presided over by Shri Kashi Prasad Tekariwal, The question of education of the female folks of the community was taken up by the Sammelan for consideration. A proposal was mooted out that a college for girls' education should be established on being sponsored by the people belonging to Rajasthani Community. Petitioner No. 1 was requested to take the initiative and he announced to donate his land and house situated in Mohalla Chowk Shikarpur for the purposes of the college. It was further decided to hold another meeting on the 12th April, 1970, to draw up a programme for the establishment and administration of a college. On the 12th of April, 1970, it is stated, the residents of Patna City belonging to Rajasthani Community met under the Presidentship of petitioner No. 1, who was authorised to take steps for raising funds and to spend the same for the establishment of the college. A committee consisting of three persons, Panna Lal Bharatiya (petitioner No. 1). Kashi Prasad Harlalka (petitioner No. 31 and one Biharilal Murarka was constituted for collection of funds and Bansidhar Kanodia was entrusted with the responsibility of entering into correspondence and negotiations with the University and Government for establishment and recognition of the college. It was resolved to start the college in the year 1970 itself. On the 16th June, 1970, yet another meeting of the community took place and petitioner No. 1 placed before it a list of twenty-three, donors who had each contributed a sum of Rs. 1011/- and informed that a sum of Rs. 23,243/- had already been collected. Petitioner No. 2 and his brother Girdhari Lal Bharatiya announced a donation of Rs. 25,000/-. A number of other persons present at the meeting also announced their donation. On the 23rd June, 1970, the sponsors of the college, who met under the presidentship of petitioner No.

(3.) decided to hold the inaugural function on the 26th June, 1970, in which the inaugural address was to be delivered by Shri Nitishwar Prasad Singh, the then State Education Minister. It was also decided that Shri Baleshwar Ram, the then Minister for Local Self-Government, would preside and the vote of thanks would be delivered by Shri Ramautar Shashtri, M.P. As scheduled, the inaugural function of the college was held on the 26th June, 1970. The first Governing Body of the college was constituted by the founders on the 12th July, 1970, for the session 1970-71 consisting of the following persons: