If an educational institution is established by minority which is a truely teachers training college or school, State cannot take any action against it for violating the provisions of the Act nor can refuse recognition/affiliation on that ground.

Satyeshwar Roy, J.

1. In all these writ petitions the petitioners based their claims on Article 30 of the Constitution. A Division Bench in C.W.J.G. No. 1 of 1988 ordered that case should be listed before a Full Bench for admission. The Full Bench admitted that writ petition for hearing on 21-4-1988. Other writ petitions were also, therefore, ordered to be heard by Full Bench. All these cases were heard together and are being disposed of by this Judgment.

2. The petitioners in C.W.J.C. Nos. 1 of 1988, 7046 of 1988, 5347 of 1989, 5970 of 1990 and 5813 of 1988 claim that in order to impart teachers training primarily to Mulim students, teachers training schools were established. In C.W.J.C. No. 2511 of 1983 it has been stated that teachers training school was started by linguistic minority, namely. Saathals, primarily for Santhali students, In C.W.J.C. No. 6057 of 1988 it has been claimed that teachers training school has been started by Budhists, a religious minority, primarily for Budhists.

3. In all the cases they claim that the petitioners being minorities based on religion and/or language have fundamental right to establish and administer educational institution of their choice. According to them the Bihar Non-Government Physical Training Colleges and Non-Government Teachers Training Colleges and Non-Government Primary Teachers Education College (Control and Regulation) Act, 1982 (the Act) which was preceded by Ordinance (which embraces such schools also) does not apply to educational institutions established by religions and linguistic minorities. Consequentially in some cases no direction could have been given by the State Government when applications were made for affiliation/recognition of such institutions that the institutions shall not be entitled to admit students. The Act consists of six sections; The relevant sections read as follows:-

2(1) No persons or institution or Committee shall:

(a) without the previous permission of the State Government which the State Government may accord on such terms and conditions as it may been fit, and where previous permission has been accorded subject to such terms and conditions as may be determined by the State Government, without fulfilling those terms and conditions, organize, maintain manage or promote any school or college for undertaking, conducting providing for or imparting physical training or physical education or teachers "Training or Teachers" Education by way of training.

(b) Admit or offer to admit to a course of studies leading to the examination for the award of a degree, diploma or certificate in branches of Teachers "Training or in allied branches of Teachers" Training of any University or Body incorporated by any law of the Central or the State Government.

(c) Provide for instruction, lecture, tutorial or practical training in education whether or not, it may lead to any examination or the award of a degree, diploma or certificate.

3...This Act shall apply to all such Non-Government, Physical Training Colleges, and the Non-Government Teachers "Training College and the Non-Government Primary Teachers" Education College as are not affiliated permanently to any university or body incorporated under any law of the Central or State Government. This Ordinance shall apply to such Non-Government, Physical Training Colleges and Non-Government Teachers "Training Colleges and Non-Government Primary Teachers" Education Colleges as are not affiliated or are temporarily affiliated or as are proposed to be opened.

Sec. 4 provides for penalty and Sec. 5 provides for making rules. Under Sec. 5 of the Act rules have been framed by notification dated 25-11-1987.

4 The common case of the petitioners was not the provision that no teachers training institution can be established and administered without the previous permission of the State Government was ultra vires Articles 30(1) of the Constitution as the minorities have unfettered right to establish and administer educati