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 th