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 o