N.P.Singh and S.B.Sinha JJ.

1. This application has been filed on behalf of the petitioners for a writ of mandamus directing the School Examination Board to supply examination forms to the students of Maulana Abdul Kalam Azad Primary Teachers Education College and Physical Training College, Lalbag, Darbhanga and to allow them to appear at the Primary Teachers Training Examination for the Sessions 1085-87.

2. There is no dispute that in view of the provision of the Bihar Non-Government Physical Training Colleges and Non-Government Teachers Training Colleges and Non Government Primary Teachers Education College (Control and Regulation) Act, 1981 (Act 21 of 1982), no college or institution can be established for imparting physical training or education of teachers training without prior permission of the State Government. According to the petitioners, as the institution in question is a minority institution, the restrictions provided by the Act aforesaid are not applicable to the College in question,

3. In view of the series of judgments of the Supreme Court and this Court, it is almost established that in view of Articles 29 and 30 of the Constitution, minorities whether base