Minority Institutions are protected under Art. 30(1) of the Constitution of India and exempt from state education acts, and the state has no authority to interfere with their management.

ORDER :- The facts and points of law in both the writ petitions being the same, both the matters were heard together.

2. W.P. (C) No. 7762 of 2004 has been filed by the Governing Body of the Stewart Science College, Cuttack represented through its Secretary challenging the Notification No. IV.HE/GB-02/2004.21066/HE dated 10th June, 2004 (Annexure 2) issued by the State governing dissolving Governing Body of the College along with the Governing Bodies of all Non-Government Aided Colleges in the State in purported exercise of powers conferred upon it under the proviso to sub-section (6) of S. 7 of the Orissa Education Act, 1969.

The same Notification bearing No. IV. HE/ GB-02/2004.21016/HE dated 10th June, 2004 dissolving the Governing Body of the Christ College, Cuttack is assailed in W.P. (C) No. 7763 of 2004 by the Secretary of the Governing Body of that College.

3. As it appears from the averments in the W.P. (G) No. 7762 of 2004, and submissions made by the learned counsel for the petitioners, the Diocese of Cuttack, a unit of Churches under the charge of a Bishop, having jurisdiction throughout the territorial organisation, i.e. Cuttack, Dhenkanal, Puri, Ganjam, Phulbani, Balasore, Keonjhar and Mayurbhanj, with the pious wish of providing education, specially in the field of Science to the boys and girls of all communities, but primarily for the students of the Christian Minority Community had established the Science College at Cuttack in the year 1944 in the name and style of "Stewart Science College, Cuttack." The Diocese which is constituted under the Bye-Laws (Rules) framed under the Constitution of the Churth of North India, it is submitted, provided its land and raised necessary infrastructure for the purpose of establishment of the College and drafted a Constitution for the College. For smooth management and administration as also proper functioning of the College, the Diocese in consonance with the Constitution of the College constituted a Governing Body consisting of its Bishop as the Chairman and six members elected triennially by its Council or Executive Committee. The Secretary of the Governing Body was being elected by the aforesaid Council or Executive Committee. Out of the six members nominated as above, the Principal of the College was being made an ex officio member; one member was to be the nominee of the Vice-Chancellor of the University (i.e. the Utkal University) to which the college was affiliated; one member was to be the nominee of the Collector, Cuttack; and two members were to be nominees of the teaching staff of the College. The Constitution of the College further provided a detailed method as to how the Governing Body would manage the affairs of the college. It was averred that right from the year 1944, the Governing Body constituted according to the Constitution of the College had been managing the affairs of the College without any hindrance from any quarter whatsoever.

In W.P. (C) No. 7763 of 2004 it is averred that the Christ College, Cuttack unlike Stewart Science College is also a Minority Community Institution established by the "Cuttack Christian Education Board" which provided land and infrastructure for establishment of the College. The said College was being managed in accordance with the Constitution of the aforesaid Board as its Apex Body, registered under the Societies Registration Act. The aims and objects of the said Board was to foster education among the people of all communities, both Christian and non-Christians. The Rules of Business of the Governing Body of the Christ College, Annexure-1, prescribed that the Governing Body would consist of eleven members out of which six were to be nominated by the Executive Committee of the Cuttack Christian Education Board; one member would be the Principal of the College; two members would be nominees of the teaching staff co-opted by the Governing Body; one would be a nominee of the Vice-Chancellor of the University (the Utkal University) a