HANSARIA, J. :- There are two important articles in the constitution which protect the cultural and educational rights of the people of the country. They are Articles 29 and 30 and these have been incorporated in the part dealing with the mental rights. Of these two provisions, the one with which we are mainly concerned is Article 30 which sates that -

"30 Right of minorities to establish and administer educational institutions (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(1A) * * *

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language." 2. The petitioners are attached to a minority institution the same being "Vivekanand Vidya Mandir M. E. School."

There is no denial that this school belongs to the Bengali community who have to be regarded as a linguistic minority in this State. What has led the petitioners to approach this Court is reconstitution of the Managing Committee of the School by an order passed on 4-6-82. By that order during the continuance of the period of the earlier Managing Committee of which the two petitioners are the members, a new Committee was brought into existence. It may be stated that the earlier Committees had been constituted by an order passed on 20-7-81 and it was to work for a period of three years. As such, there is no dispute that the new Committee has seen its birth during the period the old Committee would have otherwise continued. The grievance of the petitioners is that the old Committee was dissolved arbitrarily and without giving any opportunity in the matter. Shri Sarma contends that by doing so, Article 30 of the Constitution has also been violated.

3. As no counter at all has been filed by the Inspector of Schools who had reconstituted the Committee, nor by any other authority of the State, we are not in a position to know for definite as to what had led to the dissolution of the Committee formed on 20th July, 1981. At this stage we may refer to the Assam Aided Higher Secondary, High and Middle Schools Management Rules, 1976, under which provision power has been exercised in the present case. Rule 4 of these Rules has stated that save in cases where the Director of Public Instruction sanctions a special committee under special circumstances, each Managing Committee shall consist of:-

(i). President.

(ii). Secretary

(iii). Two teachers representatives.

(iv). Two representatives to be elected by the guardians,

(v). One donors representative.

(vi). Three nominees of the Government

(vii), Assistant Headmaster/Vice Principal Ex-officio

The Rule further says that the President shall be nominated by the Government and the Headmaster of the School shall be nominated as ex-officio Secretary unless there is a specific allegation against him. The ordinary term of the Managing Committee is for a period of three years to be counted from the date of the first sitting as stated in Rule 7. This is, however, subject to Rule 6, which reads:-

"6. The Inspector of Schools may dissolve and reconstitute a Managing Committee at any time, if circumstances demand subject to the approval of the Director save in cases where such approval may be presumed to have been obtained under any general or special order of the Director".

4. Thus, though we find a power in the Inspector of Schools to dissolve and reconstitute the Managing Committee at any time, this is subject to two conditions: (a) the circumstances must so demand; and (b) this must be subject to the approval of the Director of Public Instruction, save in those cases where approval may be presumed to have been obtained under the general or special power. There is absolutely nothing on record before us to show the circumstances which had led the Inspector of Schools to dissolve