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PETITIONER:

THE MANAGING BOARD OF THE MILLI TALIMI MISSION, BIHAR,RANCHI

Vs.

RESPONDENT:

THE STATE OF BIHAR & ORS.

DATE OF JUDGMENT14/08/1984

BENCH:

FAZALALI, SYED MURTAZA

BENCH:

FAZALALI, SYED MURTAZA

VARADARAJAN, A. (J)

MUKHARJI, SABYASACHI (J)

CITATION:

1984 AIR 1757 1985 SCR (1) 410

1984 SCC (4) 500 1984 SCALE (2)251

ACT:

Right of minority educational institution-Right to get

affiliation from the Universities-Whether the right to

affiliation or to obtain aid from the Government is a

fundamental right so as to violate Article 30-Whether the

refusal to give affiliation by the statutory authorities in

the instant case without just and sufficient cause amounts

to violation of Article 30 of the Constitution or simply an

arbitrary and illegal action-Supreme Court can award costs

against a State for disobedience of the orders of the Court

to produce documents called for and for failure to perform

constitutional duties by institutions.

HEADNOTE:

The appellant-Institution was started as a Teachers

Training College under a Society which was established as

far back as 1972, though the college itself was established

and started in July 1977. On 22.9.1977 the institution made

an application to the Government for grant of affiliation or

recognition of the same in response to which a most

extraordinary order was passed by the Government directing

the University for refusing affiliation on the strange

ground that all proposals for affiliation by the non-

Government Teachers Training Colleges be rejected and that

no student be allowed to appear as a private candidate. How

ever, since the above decision was not applicable to

minority institutions which was reiterated by a latter

ordinance called Bihar non-Government Teachers Training

College ordinance on June 5, 1978, it was incumbent on the

institution to prove that it was a minority institution

before it could be granted affiliation, on 24.2.1978 the

appellants filed an application before the Ranchi University

for grant of affiliation on June 15, 1978, the Government

wrote to the Ranchi University for inspection of the

appellants college. On 6.2.1980. Joint Secretary to the

Government of Bihar sent letter to the Ranchi University and

the Deputy Commissioner, Ranchi for inspection of the

appellants’ college. Although the institution applied for

affiliation in 1978 and claimed to be a minority institution

which was never disputed at any point of time the Government

took three years to take a decision about affiliation of the

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appellants’ college. On 5.3.1980, the University Authorities

inspected the appellants’ college and recommended its

affiliation which was followed by a report by the District

Development officer, Ranchi on 30.6.1980 recommending

affiliation. But, despite these facts no final decision was

taken by the Government as a result of which the appellants

had to move the High Court for directing the Government to

grant affiliation. On the High Court’s direction to the

Government to decide recognition and affiliation

411

the appellants’ college within a specified time, on

3.11.1980, the Government granted recognition and approval

for affiliation for three sessions only, i.e. 1977-78, 1978-

79 and 1979-80. On 10.11.1980, the University wrote to the

Government recommending further grant of affiliation to the

appellants’ college. On 22.11.1980 the appellants applied

for grant of permanent affiliation. But, somehow or the

other, on 27.11.1980 for undisclosed reasons, the Government

passed a strange-order cancelling the recognition and

approval for affiliation granted to the appellants’ college

vide its letter dated 3.11.1980. This order was challenged

befo