NISAR AHMAD KAIFI Vs. STATE

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioners for quashing a communication dt. 13-11-1985 issued by the State Government to the Vice-Chancellor, Bhagalpur University (hereinafter referred to as 'the University') saying that decision has been taken to convert the affiliated Colleges mentioned in the said communication into constituent Colleges and certain directions have been given to the Vice-Chancellor of the said University including that there should not be any financial transactions except payment of salary. From that communication it appears that Millat College, Parsa is one of such Colleges (hereinafter referred to as 'the College') which, according to the State Government, was going to be converted into a constituent College. Pursuant to that direction, the Finance Officer of the University issued a letter to the Manager, State Bank of India, Bhagalpur, saying that as Millat College, Parsa is going to be trade a constituent College of the University, the Bank operation at present being made by the Principal and Bursar be stopped until further orders. The validity of this communication is also under challenge. According to the petitioners, the impugned directions by the State Government and the University amount to interference with the management of the College which is a minority institution within the meaning of Art.30 of the Constitution.

(2.) Petitioner No.1 is the President of Anjuman-E-Islahul Muslameen, Santhal Pargana (hereinafter referred to as 'the Anjuman') and petitioner 2 is the Secretary of the Anjuman whereas petitioner 3 is a Member of the Muslim Community. It is the case of the petitioners that Anjuman is a society registered under the Societies Registration Act founded by the Muslim Minority Community. According to them, the Muslim Community of Police Station Mahgama, Godda, District Santhal Pargana, decided in a general meeting to establish educational institutions in consonance with the provisions of Arts.29 and 30 of the Constitution. Pursuant to that decision, a High English School was established in Parsa. That School was recognised as a minority institution in the year 1965. It is further the case of the petitioners that on 12-1-1970 it was decided to establish a minority College named as "Millat College, Parsa". On 12-1-1970, 15 acres of lands were donated to the College by the Muslims of the locality. It was Anjuman which resolved on 16-10-1971 to deposit with the University a sum of Rs. 50,000/- as reserve fund for the purpose of recognition of the College. The Anjuman made available another sum of Rs. 31,000/- on 23-10-1971 to the Secretary of the governing body. It is alleged that formal recognition of the College as a minority institution was not accorded although for that purpose a resolution was passed by the Anjuman on 10-9-1977.

(3.) According to the petitioners, as the institution in question is a minority institution having protection of Art.30 of the Constitution, the State Government or the University has no authority to interfere with the management thereof or to declare it a constituent College of the University.