LexBIHAR STATE MADARASA EDUCATION BOARD, PATNA, THROUGH ITS CHAIRMAN versus MANAGING COMMITTEE OF MADARASA HANFIA ARABIC COLLEGE JAMALIA AND ORS.
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BIHAR STATE MADARASA EDUCATION BOARD, PATNA, THROUGH ITS CHAIRMAN v. MANAGING COMMITTEE OF MADARASA HANFIA ARABIC COLLEGE JAMALIA AND ORS. DECEMBER 5, 1989 [K.N. SINGH AND N.M. KASLIWAL, JJ.) Bihar S(ate Madarasa Education Board Act, 1982: S. 7(2)(n)- Board's power to dissolve managing committee of Madarasa institu- tion-Whether ultra vires Article 30( 1) of the Constitution. Constitution of India, 1950: Article 30( 1)-Bihar Madarasa Education Board-Power to dissolve managing committee of Madarasa institution-Constitutionality of-S. 7(2)(n), Bihar State Madarasa Education Board Act, 1982. A B c D Section 7(2)(n) of the Bihar State Madarasa Education Board Act, 1982 confers power on the State Madarasa Education Board to dissolve the managing committee of an aided and recognised Madarasa institu- tion. The. committees of management of the respondent instifutions established by the Muslim minority community failed to comply with the directions issued by the Board with regard to payment of salary to E teachers, whereupon the Board in exercise of its power under s. 7(2)(n) of the Act dissolved the said committees. The respondents filed writ petitions under Article 226 of the Con- stitution assailing s. 7(2)(n) of the Act as violative of Article 30(1) on the ground that it interfered with their right of managenient of institutions. F The High Couri declared s. 7(2)(n) unconstitutional. It, however, observed that the majority of members of the Madarasa Education Board and its Chairman may not belong to minority community, there- fore, the Board's constitution wm not be in consonance with the minorities constitutional right under Article 30 of the Constitution. G Dismissing the appeals by the Board, the Court, HELD: 1. Article 30(1) of the Constitution protects the right of minorities to establish and administer educational institutions of their choice. The rights so granted are, however, not absolute. Minorities have no right to malaminister. The State has power to impose reg~~- H 199 A B c D E F 400 SUPREME COURT REPORTS I 1989] Supp. 2 S.C.R. tions made in the interest of el11ciency of institution's discipline, health, sanitation and public order even though such regulations may indirectly impinge on the exclusive right of administration and management of the institution. The State has, however, no power to completely take over the management of a minority institution under the guise of regulating the educational standards by superseding or dissolving managing com- mittee or by appointing ad hoc committees in pla<e thereof. [403D-F; 404C-EJ In the instant case, s. 7(2)(n) of the Bihar State Madarasa Educa- tion Board Act, 1982 in so far as it provides for dissolution of the managing committee of a Madarasa is, clearly violative of constitutional right of minorities under Article 30(1) of the Constitution. [404E-F] In re Kera/a Education Bill 1957, [1959] SCR 995; Sidharajbhai v. State of Gujarat, [1963] 3 SCR 837; State of Kera/av. Very Rev. Mother Provincial etc., [1971] I SCR 734; Ahmedabad St. Xaviers College Society v. State of Gujarat, [1975] I SCR 173; Lilly Kurian v. Lawina, [1979] I SCR 820 and All Bihar Christian Schools Assn. v. State of Bihar, [1988] 1SCC206, referred to. 2. Article 30(1) of the Constitution does not contemplate that an autonomous Educational Board entrusted with the duty of regulating efficiency in the aided and recognised minority institutions, should be constituted exclusively by persons belonging to the minority commun- ity. In the instant case, the constitution of the Board under s. 3 of the Act ensures that its members are only those who are interested in teach- ing and research in Persian, Arabic and Islamic studies. This provision fully safeguards the interest of Madarasa of the Muslim community. The observations made by the High Court are contrary to the scope of Article 30(1) of the Constitution. [404H; 405A, B-Cl CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 463 and464 of 1986. From the Judgment and Order dated 6. 11. 1984 of the Patna High O Court in Civil Writ Jurisdiction Case No. 3489 of 1981 & 601of1982. M. Qamaruddin and Mrs. M. Qamaruddin for the Appellant. S.N. Misra, M.K. Jha and P.C. Kapur for the Respondent. H The Judgment of the Court was delivered by MADARASA EDUCATION BOARD v. MANAGING COMMT. [SINGH, J.] 40 l SINGH, J. These two appeals are directed against the judgment and order of High C
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