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 based on religion or language have right to establish and administer educational institutions of their choice and that right cannot be interfered with by any enactment. But, at the same time, it has been pointed out in those judgments that persons claiming to have established an institution as a minority institution have to establish that fact that the institution in question was established by a section of people who can be held to be minority within the meaning of Articles 29 and 30 of the Constitution. The Court should not treat an institution as a minority institution merely on the basis of the statements made in the writ application. That question is to be decided by the University, the Board or the State Government on the basis of the materials produced on behalf of the persons claiming such institution to be a minority institution. If necessary Court can also examine on the basis of the materials produced before it, as to whether the institution in question has been established by persons who can be held to be a minority within the meaning of Articles 29 and 30 of the Constitution so that persons may not be allowed to carry on commercial venture in the name of a minority institution. In this connection reference can be made to the judgment of the Supreme Court in the case of A. P.C. M. E. Society v, Govt. of A. P. -- where it was observed :

We do not have any doubt that the claim of the petitioner to start a minority educational institution was no more than the merest pretence. Except the words, As the Christian Minorities Educational Institutions occurring in one of the objects of the society, as mentioned in the memorandum of association, there is nothing whatsoever to justify the claim of the society that the institutions proposed to be started by it were minority educational institutions. Every letter written by the society whether to the Central Government, the State Government or the University contained false and misleading statements. As we had already mentioned the petitioner had the temerity to admit or pretend to admit students in the first year MBBS course without any permission being granted by the Government for the starting of the medical college and without any affiliation being granted by the University. The society did this despite the strong protest voiced by the University and the several warnings issued by the University. The society acted in defiance of the University and the Government, in disregard of the provisions of the Andhra Pradesh Education Act, the Osmania University Act and the Regulations of the Osmania University and with total indifference to the interest and welfare of the students. The society has played havoc with the careers of several score students and jeopardised their future irretrievably. Obviously the