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1966 Supreme(Pat) 43

R.L.NARASIMHAM, G.N.PRASAD
Muslim Anjuman-e-taleem – Appellant
Versus
Bihar University – Respondent


Judgment

Narasimham, J.

1. Most of the legal questions involved in this application are the same as those raised in C. W. J. C. No. 62 of 1966 in which judgment has been delivered today holding that the amendments made by Bihar Act XVI of 1965 and the framing of new statutes in pursuance of the said amendment are valid.

2. But in this application a new point has been raised regarding contravention of the fundamental right guaranteed by Article 30(1) of the Constitution. It was urged that the petitioners being members of the Muslim minority community were entitled to the fundamental right guaranteed by Article 30 (1) of the Constitution because admittedly the institute in question was started with the object of "imparting" modern education to Muslim students in A manner that will conserve their distinct language, culture and religion". Necessary papers dealing with the memorandum of association of Muslim Anjuman-e-Taleem, Darbhanga, which is in charge of the educational institution in question have been filed alone with a copy of the proceedings of the meeting of the Organising Committee of the said educational institution held on 29-4-19G2. These allegations have not been controvert






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