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PATNA HIGH COURT
N.L.Untwalia and Akbar Husain JJ.
Arya Pratinidhi Sabha
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 711 of 1969 ;
Decided On : SEPTEMBER 11, 1972
ARTICLE 30 - EDUCATIONAL INSTITUTION - ESTABLISHMENT BY RELIGIOUS MINORITY - RECOGNITION - SURRENDER OF RIGHT - CONSTITUTION OF MANAGING COMMITTEE - BIHAR HIGH SCHOOLS (CONSTITUTION, POWERS AND FUNCTIONS OF MANAGING COMMITTEE) RULES 1964.
Fact of the Case:
The petitioners, a society professing Arya Samaj faith, claimed the fundamental right to administer the Musaddi Lal Arya Kanya Uchtar Madhyamik Vidyalaya at Mokamah, alleging that it was an educational institution established by them and that they were a religious minority within the meaning of Article 30 of the Constitution. The school was initially established by the Arya Samaj in 1957, but in 1963, the managing committee resolved to hand over the building to the Government for establishment of a State Subsidised Girls Secondary School, with the condition that the school be named as "Musadi Lal Arya Kanva State Subsidised Higher Secondary School". The Government sanctioned recurring and non-recurring expenditure for the establishment of the school, and the managing committee was reconstituted in accordance with the Bihar High Schools (Constitution, Powers and Functions of Managing Committee) Rules 1964.
Finding of the Court:
The court found that the school was not established by the Arya Samaj, but rather by the local people to meet the growing need for female education in the locality. The court relied on various documents, including a letter from the Secretary of the school to the Secretary of the Board of Secondary Education, Bihar, stating that the school was started in 1961 by the local people, and a resolution of the managing committee deciding to make the school a State Subsidised School. The court also noted that the school received financial assistance from the Notified Area Committee, Mokamah, and that the Arya Samaj had executed a deed of transfer conveying the land on which the school stood to the school.
Issues: 1. Whether the Musaddi Lal Arya Kanya Uchtar Madhyamik Vidyalaya at Mokamah was an educational institution established by the Arya Samaj, a religious minority within the meaning of Article 30 of the Constitution. 2. Whether the petitioners had the fundamental right to administer the school in accordance with its constitution.
Ratio Decidendi: The court held that the school was not established by the Arya Samaj, but rather by the local people, and that the Arya Samaj had surrendered its right to manage and administer the school by agreeing to convert it into a State Subsidised School. The court further held that the petitioners, as members of the Arya Samaj, did not have the fundamental right to administer the school, as the school was not established by the Arya Samaj.
Final Decision: The court dismissed the petition, holding that the school was not an educational institution established by the Arya Samaj and that the petitioners did not have the fundamental right to administer the school.
Akbar Husain, J.
1. In this application we are concerned with the question as to whether the school known as "the Musaddi Lal Arya Kanya Uchtar Madhyamik Vidyalaya" at Mokamah (hereinafter referred to as "the school") is an educational institution within the meaning of Article 30 of the Constitution and whether the petitioners have the fundamental right to administer the same.
2. The material facts in this case are as follows:-
- Petitioner No. 1 is a society registered under the Societies Registration Act and comprises of persons professing Arya Samaj faith who according to the petitioners are a religious minority within the meaning of Article 30 of the Constitution. Petitioner No. 2 is its President and petitioner No. 3 is the President of the School affiliated to the Arya Pratinidhi Sabha (petitioner No. 1) as also the President of the school. According to the petitioners, there are a number of schools including the School with which we are concerned in this case in the State of Bihar established by petitioner No. 1. It is said that this School was established on the 9th February, 1957 by the Arya Samaj, Mokamah on its own land donated for the purposes of constructing the school building for the propagation of Vedic literature and Dharma apart from the modern education to women and girls of the locality on the basis of the lines and ideals of Maharishi Swami Dayanand Sarashwati, the founder of the Arya Samaj. The school was originally established up to the middle class standard and the local Arya Samaj felt the need of the locality for a full fledged girls high school. A conference of the Arya Samaj Mokamah was held in February, 1957 from 8th February to 11th February, 1957, and it was decided therein to contribute 10 kathas of land and raise sufficient funds for the construction of the building of the School by and on behalf of the Arya Samaj. The Arya Samaj consequently constructed the building of the School on its own land situated in Chauk Bazar Mokamah with the funds raised by contribution of the people professing the Arya Samaj faith as well as the contributions of the local people.
The school was managed and administered by a managing committee appointed by the Arya Samaj and the petitioners in accordance with the constitution of the Arya Pratinidhi Sabha (petitioner No. 1), a copy of which is made Annexure 1 to this application. It is alleged that the aforesaid constitution showed the name of Arya Samaj as its founder and provided for the managing committee of the school to be constituted with petitioner No. 3 and Sri Hari Charan Agrawal (life members) in recognition of their outstanding contributions, two representatives of petitioner No. 1, three representatives of the Arya Samaj Mokamah, two educationists of the locality and the Principal of the school as its members. The subdivisional education officer by his letter dated the 25th June 1960 appears to have recommended to the District Inspectress of Schools that the School run and administered by the Arya Samaj at Mokamah should be helped in its efforts (Annexure 2). On the 25th November, 1960, an application dated the 24th November, 1960 was filed by the Deputy Secretary of the school through the Inspectress of Schools. Patna, to the Secretary Board of Secondary Education Bihar, Patna (Annexure 3) for the recognition of the school as also for permission to start classes VIII and IX, and it was stated that the school was established, run and administered by the Arya Samaj. It also contained the names of the members of the managing committee of the school formed in accordance with the constitution of the school (Annexure 1). The recognition was granted and tihe constitution of the managing committee, mentioned above, was approved by the Secretary of the Board of Secondary Education Bihar, Patna.
It is contended that the said managing committee continued to function without any interference by the authorities of the Board of Secondary Education even when th
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