ANJUMAN AHLE HADEES DARBHANGA Vs. STATE

JUDGEMENT

(1.) By this application under Arts.226 and 227 of the Constitution the petitioners have challenged the Constitutional vires of the provisions contained in Ss.7(2)(a) and (b), (n), 24, 25, 26(2)(c) and (k) and 28 of the Bihar State Madarsa Education Board Act.

(2.) Petitioner No. 1 is an Association which runs a Madarsa in the town of Darbhanga. Petitioners Nos. 2 and 3 are the members of the Managing Committee of the said Association.

(3.) The Bihar State Madarsa Education Board Act (hereinafter referred to as 'the Madarsa Act') was preceded by the Bihar Ordinance 172 of 1981. The Ordinance gave place to the Act without any change. Madarsa Act is an Act to provide for the constitution of an Autonomous Board for development and better supervision of Madarsa education in the State. It would not be inapt to state that in a Madarsa, education and religion are intermixed. There is a sizable population of Muslims in the State. Madarsas being centres of Muslim education and the State being a secular State, the Madarsas also claimed State patronage like other educational institutions. The Madarsas being primarily Muslim minority institutions, they have a right to manage their own concern. The State, did not refuse to extend its patronage to them. Grants-in-aid, were, therefore, accorded to Madarsas as well. In course of time Madarsas also started becoming commercialised. In the name of education funds began to get diverted by pseudo organisations. The need was, therefore, felt to watch the Madarsas consistent with the freedom of the minority to manage their own affairs. That necessitated the enactment of the Madarsa Act. The Act provides for setting up of a Board known as 'The Bihar State Madarsa Education Board' with perpetual succession and common seal. The Board consists of the following members :