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 a