Partha Sarthy, J. – Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The challenge in both the writ applications is to section 4(5) of the Bihar State Universities (Amendment) Act, 2013 by which section 57A of the Bihar State Universities Act, 1976 was substituted and to declare that it is ultra vires the Constitution of India in so far as the same affects the rights of minority educational institutions as enshrined under Article 30(1) of the Constitution of India.

3. Both the writ applications having been filed for similar reliefs are being taken up together and decided by this common order.

4. The petitioner in CWJC no.14793 of 2017 is the Secretary of Islamia Degree College, Shahpur, Kanti, District Muzaffarpur, an affiliated college under the B.R. Ambedkar Bihar University, Muzaffarpur and also a recognized minority educational institution. So far as the petitioner no.1 in CWJC no.13743 of 2018 is concerned, the same is a registered Association of minority educational institutions and the petitioner no.2 therein happens to be the Secretary of the said Association.

5. Section 57 of the Bihar State Universities Act, 1976 (hereinafter referred to as ‘the Act’) provides for appointment to the post of Teachers in Universities and their constituent colleges. Section 57A provides for procedure of selection to be prescribed by the Statute for appointment of Teachers in such affiliated colleges which are not governed by the State Government or not funded by the Universities. The selection is to be processed by the Selection Committee constituted by the University under section 57B of the Act.

6. The Bihar State Universities (Amendment) Act, 2013 (‘Amendment Act, 2013’ in short) published in the Bihar Gazette (Extraordinary) on 14.8.2013, by clause (4) thereof provided that section 57A of the Act shall be substituted by the following which is extracted herein below: –

“57A. Procedure of selection to be prescribed by the statute. – (1) Subject to the provisions of this Act and Statutes made thereunder, for appointment of teachers in such affiliated Colleges, which are not governed by the State Government or not funded by the Universities, the applications from the candidate fulfilling the qualifications prescribed under clause (iii) of sub-section (1) of section 57 of this Act shall be invited by the Governing Body of the College concerned. The selection shall be processed by the Selection Committee constituted by the University under the provisions contained in section 57B of this Act.

(2) In making recommendations on the basis of interview of the candidates holding the above mentioned qualifications the rules or reservation shall be adhered by the Selection Committee.

(3) The recommendation made by the Selection Committee shall remain valid for one year from the date of the recommendation. Within six months from the date of recommendation of the Selection Committee; the College administration shall process the appointment/promotion in order of preference laid down by the Selection Committee.

(4) With regard to the appointment, promotion, dismissal, discharge, removal from service and termination of service or demotion of teachers in affiliated Colleges, the action shall be taken in the manner prescribed after making consultation with the above mentioned Selection Committee.

(5) The appointments, promotions, dismissal, removal and termination of service of teachers in the minority colleges affiliated on the basis of religion and language may be made and disciplinary action against them shall be taken by the governing body of those colleges with with the approval of the Selection Committee constituted by the University;

Provided that, where the order concerned is limited to only ensure, withholding increment, against a teacher or his/her suspension till the investigation of charges, in such cases the consultation with the Selection Committee shall not be necessary.”

7. By clause (5) of the said Amendment Act