BRAMCHARI SIDHESWAR BHAI AND ORS. ETC. versus STATE OF WEST BENGAL ETC.

Citation: [1995] SUPP. 1 S.C.R. 745 · Decided: 02-07-1995 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Dismissed

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Judgment (excerpt)

.. 
BRAMCHARI SIDHESWAR BHAI AND ORS. ETC. 
v. 
STATE OF WEST BENGAL ETC. 
JULY 2, 1995 
[KULDIP SINGH, N. VENKATACHALA AND 
S. SAGHIR AHMAD, JJ.] 
Canstitutia11 of !11dia, 1950: 
A 
B 
Article Jo-Minorities-Right ta establish a11d administer educational C 
Institutians-Ramakrislma Missia11-Fallowers of-Citizens residi11g in West 
Bengal-Professing, Practising and propagating the religious teachings of 
Swami Vivekananda-Held not a religious minority-Held not a separate and 
distinct religion from Hindu religion . 
Article 26(a)-Freedam ta ma11age religious affairs-Religious D 
de11aminatian-Test far determinatia11-Ramakrishna Mission-Held a 
religious denomination of Hindu Religion and thus entitled ta protection of 
Article 26(a). 
Religious denomination-Right ta establish institutions-Imparting of E 
religious education and general education. 
Ramakrishna Mission-:Establishment of College at Rahrrr-State 
Government allowing college ta have its aw11 Governing Bady instead of a 
standard body ·as required far other sponsored colleges-Held direction ta 
State Government ta constitute its awn governing body an standard pattern 
F 
for Ramakrishna College held would not be in the interests of justice. 
The Government of West Bengal approved the setting up of a three 
years degree college at Rahra under the auspices of Ramakrishna Mission 
which was to function as a sponsored college with financial assistance from G 
the State and the Union Government. The Calcutta University granted 
affiliation to the college and also accorded approval to the Governing body 
of the College as constituted by the Ramakrishna Mission. Therefore, 
Ramakrishna Mission did not have a governing body modelled on the 
common pattern of governing bodies of sponsored colleges. The memo 
dated 16.1.1971 conveying approval of the Government regarding composi· H 
745 
746 
SUPREME COURT REPORTS [1995] SUPP. l S.C.R. 
A 
tion of the governing bodies of the sponsored colleges did not include 
governing bodies of sponsored colleges run by Missionary Societies on the 
basis of agreement with respective Missions. On resignation of the Prin-
cipal of College, the then Head of the Ramakrishna Mission, Bellurmath, 
Swami Shivmoyananda was appointed as Principal. However, Teachers 
B 
c 
Council of the Ramakrishna Mission College was agitated by new 
Principal's appointment. Therefore, they resorted to strike; took over the 
management of the College and not only prevented. the newly appointed 
Principal from functioning as Principal but also made Prof. A.R. Das 
Gupta to function as the In-charge Principal of that College. Consequently, 
the Ramakrishna Mission and the Secretary of the Governing Body of the 
College instituted a civil suit seeking a declaration that the functioning of 
Shri Das Gupta as Principal was illegal. 
The appellants filed a writ petition in the High Court for a direction 
to the Government of West Bengal to reconstitute the Governing Body of 
D the Ramakrishna Mission College according to standard pattern for 
Governing Bodies of sponsored Colleges as per Government Memo No. 
752-Edn. (CS)/C.S. 30-3/77 dated 18th April, 1978; (ii) a declaration that 
the Ramakrishna Mission College was governed by West Bengal Act of 
1975 and West Bengal Act of 1978; and (iii) an order restraining Swami 
Shivmoyanand from acting as Principal of Ramakrishna Mission College. 
E 
A Single Judge of the High Court dismissed the petition holding that 
the Colleges established and administered by Ramakrishna Mission com-
prised of the followers of Ramakrishna religion, being protected under 
Article 30(1) of the Constitution, the provisions in West Bengal Act of 1975 
F 
and 1978 did not apply. However, the claim that Article 26(a) of the 
Constitution enabled the Ramakrishna Mission to establish educational 
institutions as a religious denomination was not apply. However, the claim 
that Article 26(a) of the Constitntion enabled the Ramakrishna Mission 
to establish educational institutions as a religious denomination was not 
G accepted. Against the order of Single Judge a writ appeal was preferred. 
The State of West Bengal and Calcutta University also filed separate writ 
appeals. A Division Bench of the High Court, dismissed all the writ appeals 
expressing its agreement with the Single Judge that the Ramakrishna 
Mission comprised of followers of Ramakrishna, being a minority based 
on religion was protected under Article 30(1) of the Constitution

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