ARYA PRATINIDHI SABHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioners have obtained a rule from the High Court asking the respondents to show cause why a writ in the nature of mandamus under Article 226 of the Constitution should not be issued commanding the respondents not to give effect to the orders contained in Annexures A and A1, dated the 23rd March, 1957, and also not to withhold the grants-in-aid to the Dayanand Kanya Vidyalaya located at Mithapur.

(2.) Cause has been shown by the Advocate-General on behalf of the State of Bihar and other respondents to whom notice of the rule was ordered to be given.

(3.) Petitioner No. 1 is the Arya Pratinidhi Sabha, a registered organisation of persons professing the Arya Samaj faith. Petitioner No. 2 is the Vice President of the Sabha, and petitioner No. 3 is the President of the Mithapur branch of the Sabha. It is alleged fay the petitionars that the Arya Pratinidhi Sabha has established several schools at Patna, including a school for boys and another for girls at Mithapur. These schools are administered and managed by persons of the Arya Samaj faith, and Sri Brajnandan Singh, who was the President of the Arya Pratinidhi Sabha, was also the President of the Managing Committee of Dayanand Kanya Vidyalaya. After the death of Sri Brajnandan Singh, Dr. Dukhan Ram became the President both of the Arya Pratinidhi Sabha and also of Dayanand Kanya Vidyalaya. It is further stated by the petitioners that the funds required for the buildings and maintenance of the school were raised by the members of the Arya Pratinidhi Sabha by subscriptions and donations from amongst themselves as well as from the general public. The schools also receive grants-in-aid from the State Government, and, as regards the buildings, grants-in-aid were also made by the Patna Administration Committee. The petitioners further allege that the property of the school vests in the Arya Pratinidhi Sabha, and the administration and management of the school always vested in a Managing Committee constituted by the President of the Sabha with some representatives of the guardians of the students of the school and of teachers. It is said that the members of the Managing Committee are all Hindus and the special features of the school education are that teaching for conservation of Vedic culture is imparted to the students and Vedic prayers are offered by the students of the schools and Vedic Havan is done once a week by the students and teachers of the school in the school premises as part of the school curriculum. It was suggested by the Director of Public Instruction that the Managing Committee should be reconstituted according to the resolution of the Government of Bihar, dated the 7th, May, 1956, with regard to High Schools run by missionaries and other societies or trustees. According to this resolution, the Managing Committee should consist ordinarily of eleven members, out of which (a) two seats should go to the missionaries or society or trust, (b) two seats to subscribers, (c) three seats to the nominees of the Education Department, and (d) two seats to the representatives of guardians. It was suggested by the Director of Public Instruction in his "findings'', dated the 28th July, 1956, that the Arya Samaj would nominate two members and thereafter two subscribers would be elected and the Education Department would nominate three members. The Managing Committee of Dayanand Kanya Vidyalaya was accordingly reconstituted in the manner suggested by the Director of Public Instruction, and on the 13th November, 1956, the newly constituted Committee met and elected Dr. Dukhan Ram as the President and Sri Murli Manohar Jayaswal as Secretary of the Committee. On the 23rd of March, 1957, the Director of Public Instruction, respondent No. 2, wrote the letter, annexure A1, to Dr. Dukhan Ram that the Arya Samaj could not be represented in the Managing Committee, and "as the present management has persisted in not complying with the orders of the Department, it has been decided to constitute an ad hoc committee consisting of Government nominees only, i.e. the S.D.O., Patna, District Inspectress of School, Patna, and the Lady Principal, Bankipore Girls High School, Patna". Annexure A is the letter of the District Inspectress of Schools, dated the 23rd March, 1957, to Dr. Dukhan Ram, saying that the management and charge of the school should be handed to the ad hoc Committee immediately. The case of the petitioners is that the order of the Director of Public Instruction constituting an ad hoc Committee for taking over the management of the school is unconstitutional, illegal and ultra vires. The petitioners accordingly pray that a Writ in the nature of mandamus should be issued against the respondents commanding them not to give effect to the orders contained in annexures A and A1, and also further commanding them to pay the grants-in-aid to Dayanand Kanya vidyalaya.