J.C.SHAH, J.

(1) A primary school started in 1854 at Bhagalpur was later converted into a Higher Secondary School.

(2) THE Legislature of the state of Bihar enacted the Bihar High Schools (Control and Regulation of Administration Act 13 of 1960 which by Section 8 invested the State government with power to frame rules. Section 8(1) provides:

"THE State government may, after previous publication and subject to the provisions of Articles 29) 30 and 337 of the Constitution of India, make rules not inconsistent with this Act for carrying out the purposes of this Act."

In 1964 rules were framed under the Act by the State government of Bihar. Rule 41 provides :

"THESE rules shall not apply to the schools established and administered by the minorities whether based on religion or language."

By order dated 4/09/1963, the President of the Board of Secondary Education approved the election of Bishop Parmar as President and Rev. Ghest as secretary of the Church Missionary Society Higher Secondary School. This order was set aside by the secretary to the Government, Education Department, by order dated 22/05/1967. On 21/06/1967, the Regional Deputy Director of Education, Bhagalpur, addressed a letter to the secretary, Church Missionary Society, School, Bhagalpur, inviting his attention to the order dated 22/05/1967, and requested him to take steps to constitute a Managing Committee of the School "in accordance with that order."

(3) A petition was then filed in the High court of Patna by four petitioners (who are appellants in Appeal No. 2346 of 1968) for a writ quashing the order, dated 22/05/1967, and for an order restraining the respondents -the State of Bihar, the secretary to the government of Bihar, Department of Education and the educational authority of the State-from interfering with the right of the petitioners to control, administer and manage the affairs of the School. The High court of Patna dismissed the petition. The High court held that the primary School at Bhagalpur was established by the Church Missionary Society of London; that the School had developed into the present Church Missionary Society Higher Secondary School ; and that the School was administered in recent times by the Church Missionary Society of the Bhagalpur Diocese; and that the School not being an education institution established by a minority, protection was not afforded thereto by Article 30 of the Constitution. Against the order dismissing the petition, Civil Appeal No. 2946 of 1968 has been filed in this court.

(4) TWO other petitions are filed in this court claiming relief on the footing that by the order, dated 22/05/1967, of the government of Bihar had the fundamental right of the Christian minority to maintain an educational institution of its choice and guaranteed by Article 30(1) is infriged. Writ petition No. 430 of 1968 is filed by the Principal, Church Missionary Society Higher Secondary School, Bhagalpur, the secretary, Bihar Christian council. Gaya, the secretary, Santhalia Christian council, Bhagalpur, and the secretary, National Christian council of India, Nagpur, Writ Petition No. 431 of 1968 has been filed by Rev. M.P. Hembrom, Parish Priest, Church Missionary Society, Bhagalpur, two of whose children are being educated at the School. These petitions are heard with Civil Appeal No. 2346 of 1968.

(5) THE High court found on a consideration of the evidence that the Church Missionary Society Higher Secondary School is a "denoininational institution", that "scripture classes are held in the School and lessons on the life and teaching of Lord Jesus Christ are taught" and examinations are held in the subject for all students) that every morning, before the classes begin, the prayers from the prescribed Church Books are offered, by the students and the members of the staff, and each meeting of the Managing Committee of the School begins and closes with prayers from the "Book of Common Pr