Judgment

SINGH, J.:- These petitions under Art. 32 of the Constitution challenge the constitutional validity of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 (Bihar Act No. 33 of 1982) on the ground that the provisions of the Act are violative of Art. 30 of the Constitution.

2. All Bihar Christian Schools Association, petitioner 1, is a religious minority society registered under the Societies Registration Act. Petitioner 2, Sister Marianne S.C.N. is the Secretary-cum-Treasurer of petitioner 1. The aims and objects of the All Bihar Christian Schools Association are to promote education including science, literature, fine arts and libraries according to Christian ideals in the interest of national development; to foster moral and spiritual values in education; to assist and strengthen the work of Christian schools in Bihar; to promote the welfare of teachers and other staff of the member-institutions. The petitioner association has set up a number of secondary schools in the State of Bihar which are managed and administered by the Christian dioceses/societies and these institutions are recognised by the Education Department of the State of Bihar. The petitioners aver that they have fundamental right under Art. 30 of the Constitution to administer the institutions established by them, according to their choice and no interference in the administration of the educational institution is permissible under the Constitution. The petitioners alleged that the provisions of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 (hereinafter referred to as the Act) make serious inroad on the petitioners right to establish and administer educational institutions of their choice. They have challenged constitutional validity of the provisions of the Act and particularly the provisions contained in S. 3 and S. 18 of the Act which according to them interfere with their fundamental right guaranteed by Art. 30(l) of the Constitution.

3. In the State of Bihar a number of private secondary schools were established and managed by private individuals or societies. The State Government considered it necessary to take over the management and control of the Non-Government Secondary Schools for better organisation and development of secondary education of the State. It promulgated an Ordinance on 11-8-1980, as the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) First Ordinance. This Ordinance was later on replaced by another Bihar Ordinance No. 74 of 1981 on 22-4-1981. The State legislature converted the Ordinance into the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981. The Act as indicated by the preamble is to provide for the taking over of management and control of the Non-Government Secondary Schools by the State Government for improvement, better organisation and development of Secondary Education in the State of Bihar. "Non-Government Secondary School" as defined by S. 2 means a secondary school recognised as such by the Bihar Secondary Education Board Act, 1976 and the Bihar Secondary Board (Second Amendment) Ordinance, 1980. "Secondary School" means a secondary school whose management and control has been taken over by the State Government under S. 3 of the Act. "Minority Secondary School" as defined by S. 2(c) means a secondary school established by a minority community based either on religion or language, and managed by the minority community and declared and recognised as minority school by the State Government. Section 3 provides for taking over of the management and control of recognised Non-Government secondary schools by the State Government. Sub-section (1) lays down that all recognised non-government secondary schools other than the minority secondary schools based on religion or language, shall be deemed to have been taken over by the State Government with effect from October 2, 19