MAULANA ABDUL KAIAM AZAD PRIMARY TEACHERS EDUCATION COLLEGE AND PHYSICAL TRAINING COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed on behalf of the petitioners for a writ of mandamus directing the School Examination Board to supply examination forms to the students of Maulana Abul Kalam Azad Primary Teachers Education College and Physical Training College, Lalbag, Darbhanga and to allow them to appear at the Primary Teachers Training Examination for the Sessions 1985-87.

(2.) There is no dispute that in view of the provisions of the Bihar Non-Government Physical Training Colleges and Non-Government Teachers Training Colleges and Non-Government Primary Teachers Education College (Control and Regulation) Act, 1981 (Act 21 of 1982), no college or institution can be established for imparting physical training or education of teachers' training without prior permission pf the State Government- According to the petitioners, as the institution in question is a minority institution, the restrictions provided by the Act aforesaid are not applicable to the College in question.

(3.) In view of the series of judgments of the Supreme Court and this Court, it is almost established that in view of Articles 29 and 30 of the Constitution, minorities whether based on religion or language have right to establish and administer educational institutions of their choice and that right cannot be interfered with by any enactment. But, at the same time, it has been pointed out in those judgments that persons claiming to have established an institution as a minority institution have to establish that fact that the institution in question was established by a section of people who can be held to be minority within the meaning of Articles 29 and 30 of the Constitution. The Court should not treat an institution as a minority institution merely on the basis of the statements made in the writ application. That question is to be decided by the University, the Board or the State Government on the basis of the materials produced on behalf of the persons claiming such institution to be a minority institution. If necessary court can also examine on the basis of the materials produced before it, as to whether the institution in question has been established by persons who can be held to be a minority within the meaning of Articles 29 and 30 of the Constitution so that persons may not be allowed to carry on commercial venture in the name of a minority institution. In this connection reference can be made to the judgment of the Supreme Court in the case of A.P.C.M.E. Society v. Government of A.P., AIR 1986 SC 1490 where it was observed :