ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION AND ANOTHER. versus STATE OF BIHAR AND OTHERS.

Citation: [1988] 2 S.C.R. 49 · Decided: 26-11-1987 · Supreme Court of India · Bench: RANGANATH MISRA · Disposal: Dismissed

cites 6 · see the full citation network in Lexace

Judgment (excerpt)

) 
ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION 
AND ANOTHER. 
v. 
STATE OF BIHAR AND OTHERS. 
NOVEMBER 26, 1987 
[RANGANATH MISRA AND K.N. SINGH, JJ.] 
Bihar Non-Government. Secondary (taking over of Management 
\ 
and Control) Act, 1981-Constitutional validity of. 
A 
B 
These petitions under Article 32 of the Constitution of India C 
challenge the constitutional va1idity of the Bihar Non-Government 
Secondary Schools (taking over of Management and Control) Act, 
1981 (Bihar Act No. 33 of 1982) as violative of Article 30 of the 
Constitution. 
The petitioner No. 1, the All Bihar Christian Schools' Associa· D 
tion, is a religious minority registered society, and the petitioner 
No. 2, the Secretary-cum-Treasurer of the petitioner No. 1. The 
petitioner-association had set up a number of secondary schools in 
Bihar, which were managed by the Christian dioceases societies and 
these institutions were recogni.sed by the Education Department 
Development of the State of Bihar. 
E 
In Bihar, a number of private se~ondary schools were estab-
lished and managed by private individuals or societies. The State 
Government considered it necessary to take over the management and 
Control of the Non-Government Secondary Schools for better organi-
sation and development of the Secondary Education in the State, and F 
it enacted the Bihar Non·Government Secondary Schools (Taking over 
of Management and Control) Act, 1981. The Act provides for the 
taking over of the management and control of the Non-Government 
Secondary Schools by the State Government for improvement, better 
organisation and development of the secondary education in Bihar. 
The scheme of the Act shows that after the take·over of the non-
G 
government secondary Schools by the State Government, the manage-
ment and control of such schools would be carried on in accordance 
with the provisions of the Act. 
While the impugned Act provides for taking over the manage .. 
ment and control of the Non-Government Secondary Schools, the H 
49 
50 
SUPREME COURT REPORTS 
[1988] 2 S.C.R. 
A 
management and control of the remaining categories of schools have 
not been taken over. Although the Act contained provisions for the 
taking over of other secondary schools, yet so far as the minority 
secondary schools are concerned, the Act does not provide for any 
compulsory acquisition or taking over of the management and control 
of such schools. 
B 
The petitioners contended that (i) ·the provisions of the Act 
directly interfere with the management and control 'of the Christian 
minority schools, (ii) section 3(2) of the Act which provides for the 
taking over of minority secondary schools by the Government inter-
feres with the petitioners' fundamental right under Article 30(i) of the 
C Constitution, (iii) the provisions of section 18(2) are violative of 
Articles 30 and 14 of the Constitution of India and (iv) the clauses (a) 
to (k) of section 18(3) of the Act interfere with the management of the 
minority secondary schools in violation of Article 30(i) of the Consti-
tution. 
0 
The respondent urged inter alia that the Government has no 
intention to interfere with fundamental rights of the minority commu-
nity to establish schools of its choice; the provisions of the impugned 
Act are directed to ensure academic excellence and good management; 
the management of the minority institutions had been given free hand 
in managing their institutions, but in order to maintain education 
E excellence and discipline, regulatory provisions have been made in 
section 18 of the Act, the purpose of which is to ensure that the 
minority schools are managed by the properly constituted managing 
committees; security of the services of the staff is ensured, and in the 
matter of taking disciplinary action, the managing committees should 
conform to the principles of natural justice, etc. 
F 
Dismissing the writ petitions, the Court, 
HELD: By the various decisions of this Court, it is now wen-
settled that the minorities based on religion or language, have funda-
mental freedom to establish and manage educational institutions of 
G 
their own choice, but the State bas the right to provide regulatory 
provisions for ensuring educational excellence, conditions of employ-
ment of the teachers, ensuring health, hygiene and discipline and 
allied matters. Such regulatory provisions do not interfere with the 
minorities' fundamental right of administering their educational insti· 
tutions; instead

Excerpt shown. Read the full judgment & AI analysis in Lexace.