Judgment

HIDAYATULLAH, C. J.: The Principal and the Rector of St. Xavier s College, Ranchi and two parents of students have filed the present petition under Art. 32 of the Constitution. The petition also purports to be filed on behalf of St. Xavier s College Ranchi and the Association of St. Xavier. The petitioners challenge S. 48-A of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1960 as amended by Second Amendment Act, 1961 as ultra vires Arts. 29 and 30 of the Constitution.

2. St. Xavier s College was established by the Jesuits of Ranchi. It was affiliated to Patna University in 1944. The management of the college vests in a Governing Body consisting of 11 members. They are:

"(i) The Superior Regular of Ranchi Jesuit Mission - President ex-officio.

(ii-v) Four Counsellors to the Superior Regular to be nominated by the Jesuit Mission authorities.

(vi) The Principal of the College-Vice President and Secretary ex-officio.

(vii) One representative of the teaching staff of the college elected by the members of the staff.

(viii) One representative of the Patna University.

(ix-xi) Three persons to represent Hindu, Muslim and Aboriginal interests." The terms of s