IMPORTANT POINT
As major deficiencies have been substantially removed and minor deficiencies are not such as to permit withholding of the affiliation of appellant s Medical College, respondents are directed to issue the necessary orders without loss of time for the grant of (permanent) affiliation to appellants institution.

JUDGMENT

Paripoornan, J.-The appellants in this appeal are (1) Al-Karim Educational Trust, Patna and (2) The Katihar Medical College, Patna, through its Principal. The respondents are (1) The State of Bihar, (2) The Chancellor, Universities of Bihar, Patna, (3) Lalit Narayan Mithila University, Patna and (4) Bihar Inter University Board, Patna. The Trust, sponsoring body, is a Society under the Societies Registration Act. The appellants filed C.W.J.C. No. 7985/90 before the Patna High Court and sought appropriate directions to the State Government to accord recognition to the appellant s college which was within the purview of L.N. Mithila University and to affiliate the College and allow its students to appear in the first part M.B.B.S. examination conducted by the said University, and for other reliefs. By a majority decision dated 7th April, 1992, the High Court held that the provisions of the Bihar Medical Institutions (Regulation and Control) Act will apply to the medical college of the appellants society, that the said statute does not infringe the fundamental right guaranteed under Article 30 of the Constitution of India, and that the Court is not competent to issue a mandamus directing the University to permit the students of Katihar Medical College to appear at the M.B.B.S. examination conducted by the University unless the statutory requirements with regard to the permission and affiliation are fully complied with. The application, if any, filed by the appellants was directed to be disposed of within a specified time. The Writ Petition was dismissed. Aggrieved by the aforesaid decision of the High Court, the appellants having obtained leave of this Court in Special Leave Petition No. 7502/92, have filed this appeal.

2. The appellants claim that the Muslim Regligious Minority Community of Bihar founded the Trust, Al-Karim Educational Trust under the Societies Registration Act and established the Katihar Medical College for imparting education in the field of medical sciences to youths in particular and to render medical services to suffering humanity in the District of Katihar, which was in Purnea Division. It is further stated that 40 per cent of the population of the Purnea Division are muslims. Temporary affiliation for three academic sessions was granted by the L.N. Mithila University by order dated 29.12.1989. When permanent affiliation was not granted, the appellants filed the Writ Petition in the Patna High Court, which was dismissed. This Court, while granting special leave by order dated 16.7.1992, ordered thus :

"By way of an interim order we direct that the students admitted to Katihar Medical College will be permitted to take examination but their result will be with-held till further orders by this Court. The concerned university which will take the examination is B.M. Mandal University at Madhyapur which we are told is successor university to L.N. Mithila University. We also make it clear that the college will not grant new admissions without express permission of this Court."

Consequently, examinations were held in December, 1992.

3. It appears that when the appeal came up for hearing, a plea was raised by the State that in the absence of prior permission to establish the College, the Trust had no right to establish it under the Bihar Medical Educational Institutions (Regulation and Control) 2nd Ordinance, 1980, which later became an Act. This Court by detailed order dated 28.9.1993 disposed of the matter and observed thus :

"From the above provisions it becomes clear that the prior permission of the State Government is a must for establishing a medical college and for imparting education in the science of medicine. This restriction argued the learned counsel for the appellant violates the fundamental right conferred by Article 30(1) of the Constitution. Insofar as the requirement of State Government s permission for affiliation is concerned, the learned counsel for the appellant contends that the restrictio