UDAY SINHA, J.

1. By this application under Arts.226 and 227 of the Constitution the petitioners have challenged the Constitutional vires of the provisions contained in Ss.7(2)(a) and (b), (n), 24, 25, 26(2)(c) and (k) and 28 of the Bihar State Madarsa Education Board Act.

2. Petitioner No. 1 is an Association which runs a Madarsa in the town of Darbhanga. Petitioners Nos. 2 and 3 are the members of the Managing Committee of the said Association.

3. The Bihar State Madarsa Education Board Act (hereinafter referred to as the Madarsa Act) was preceded by the Bihar Ordinance 172 of 1981. The Ordinance gave place to the Act without any change. Madarsa Act is an Act to provide for the constitution of an Autonomous Board for development and better supervision of Madarsa education in the State. It would not be inapt to state that in a Madarsa, education and religion are intermixed. There is a sizable population of Muslims in the State. Madarsas being centres of Muslim education and the State being a secular State, the Madarsas also claimed State patronage like other educational institutions. The Madarsas being primarily Muslim minority institutions, they have a right to manage their own concern. The State, did not refuse to extend its patronage to them. Grants-in-aid, were, therefore, accorded to Madarsas as well. In course of time Madarsas also started becoming commercialised. In the name of education funds began to get diverted by pseudo organisations. The need was, therefore, felt to watch the Madarsas consistent with the freedom of the minority to manage their own affairs. That necessitated the enactment of the Madarsa Act. The Act provides for setting up of a Board known as The Bihar State Madarsa Education Board with perpetual succession and common seal. The Board consists of the following members :

(1) Chairman, appointed by the State Government.

(2) Director of Education (Incharge of oriental Education, Bihar).

(3) Director, Institute of Post-graduate studies and Research in Arabic and Persian.

(4) The Principal, Madarsa Islamia Shamshul Huda Patna.

(5) Chairman, Bihar Sunni Wakf Board, Patna.

(6) Chairman, Bihar Shia Wakf Board, Patna.

(7) Two members of the State legislature nominated by the State Government having interest in Madarsa Education or Islamic Studies.

(8) Two senior teachers of recognised Madarsa nominated by State Government.

(9) Three other members nominated by the State Government who have interest in Madarsa Education or Islamic Studies.

The Board has been charged with the duty of providing for instruction and research in Arabic, Persian and Islamic Studies and to advise the State Government on all matters relating to Madarsa Education. The questions raised in this application have to be considered in that background.

4. In order to appreciate the submissions urged on behalf of the petitioners it would be useful to set out herein the provisions under challenge, so far as they are relevant. S.7 of the Madarsa Act lays down the powers and functions of the Board. S.7(2)(a)(b) and (n) which are under challenge read as follows :

"(2) Subject to the provisions of this Ordinance and the Rules and Regulations made thereunder, the Board shall have the powers to direct, supervise and control Madarsa Education and in particular have the powers - (a) To grant recognition to Madarsa in accordance with such regulations as may be made by the Board in this behalf.

(b) To withdraw recognition of a recognised Madarsa in accordance with such regulations as may be made by the Board in this behalf and not to give grant to such Madarsa from the Madarsa Education Fund.

(c) To get the Managing Committee of Madarsa constituted in a manner so as to include the head maulvi, two donor representatives, one teacher representative, two guardians representatives and one member nominated by the Board and two other persons interested in Madarsa Education or Islamic Studies co-opted by the above seven members.

The power to dissolve t