The right to establish and administer educational institutions of their choice is a fundamental right guaranteed to minorities under Article 30 of the Constitution of India.

V.Ramaswami, J.

1. The petitSSioner Sri Dipendra Nath Sarkar is the Joint Secretary of the Bankipur Brahmo Samaj (hereinafter referred to as "the Samaj") and has been authorised by a resolution of the Samaj dated the "28th January. 1961, to make this application to the High Court under Article 226 of the Constitution. The case of the petitioner is that the Samaj is a minority community based on religion, and in the year 1930 the Samaj had established a school known as the Balika Vidyalaya. The Samaj has been administering the school from the date of its inception, and for the year 1960-61 the Samaj appointed a managing committee of the school with Sri J. Kundu, Advocate, as its Secretary. Respondent No. 4, ri G. K. Kohli, was then acting as the Secretary of the Managing Committee in place of the Secretary appointed by the Samaj for the previous year 1959-60. He refused to make over charge of the school to the new Managing Committee appointed for the year 1960-61.

On the 8th April, 1960, respondent No. 4 wrote to Sri Kundu stating that he had been instructed by the Director of Public instruction to ask Sri Kundu not to interfere with the management of the School. On the 11th April, 1960, respondent No. 3. Secretary to the Board of Secondary Education, wrote to the District Inspectress of Schools that the Brahmo Samaj had no authority to constitute the Managing Committee "in view of the Government resolution laying down rules regarding management of High Schools" and that the existing Managing Committee With respondent No. 4, Mr. Kohli, as secretary will continue to function and remain in office.

The letter of the Board of Secondary Education is annexure C(1) to the application and reads as follows :

No. 7863-64.

From

The Secretary,

Board of Secondary Education. Bihar,

Patna.

To

The District Inspectress of Schools,

Dated Patna, the 11th April, 1960.

Subject: The Managing -Committee of the Balika Vidyalaya, Kadam Kuan, Patna.

Madam,

It appears from the letter of the Acting Secretary of the aforesaid High School on the subject noted above that the Brahmo Samaj has formed a new Managing Committee for this year, but I am to inform you that the Bankipur Brahmo Samaj has no authority to constitute the Managing Committed in view of the Government Resolution laying down rules regarding management of High School.

Therefore, until the Managing Committee is reconstituted according to the rules contained in the Government Resolution till then the existing Managing Committee will continue to function and its President Mr. Justice Ujjal Narain Sinha and tile Acting Secretary Dr. Gopi Krishna Kohli will remain and continue in their Office.

Yours faithfully,

Sd. J. Saran,

Secretary

Board of Secondary Education,

Bihar, Patna.

On the 2nd May, 1960, the petitioner moved the High Court for grant of a writ under Article 226 of the Constitution to quash the order of the Board of Secondary Education dated the 11th April, 1960, on the ground that the order is ultra vires and unconstitutional. The application was numbered as Miscellaneous Judicial Case No. 358 of 1960. After hearing the parties the High Court granted a writ in the nature of mandamus commanding respondent No. 3 not to give effect to the said order of the Board of Secondary Education. The operative portion of the judgment of the High Court states as follows :

"For the reasons given above, it is manifest that the Vidyalaya was established and administered by the Samaj, which being a minority, based on religion, has a fundamental right to administer and manage the same as guaranteed to it under Article 30 of the Constitution, and that the resolutions of the State Government, dated the 28th September, 1954, and the 7th May, 1956, referred to above, so far as they infringe the right of the Samaj to administer the Vidyalaya, are unconstitutional, void and inoperative. Consequently, the order contained in letter No. 7863-84, d