G.C. Bharuka, J.-These two writ petitions have been referred to me under clause 23 of the Letters Patent because of the difference of opinion on certain points between S.B. Sanyal, J. and Aftab Alam, J.

2. In the present cases the difference of opinion is only on the question as to whether the provisions of the Bihar Medical Institutions (Regulation and Control) Act, 1981 (hereinafter to be referred to as the 'Regulation Act' only) will apply to the Medical Colleges sought to be established and administered by religious and linguistic minorities. S.B. Sanyal, J. has opined that such institutions can be established and administered only subject to the provisions of the Regulation Act, whereas Aftab Alam, J. has taken the view that in the light of the Constitutional guarantee as envisaged under Article 30 of the Constitution, the provisions of the Regulation Act can not have any application to the minorities Institutions.

3. For deciding the points of law, which have fallen for consideration, it is not necessary to consider the factual aspects of the cases in any greater details. But for the proper appreciation of the reliefs claimed by the petitioners in the present writ appli