THE MANAGING BOARD OF THE MILLI TALIMI MISSION, BIHAR, RANCHI & ORS. versus THE STATE OF BIHAR & ORS.

Citation: [1985] 1 S.C.R. 410 · Decided: 14-08-1984 · Supreme Court of India · Bench: S. MURTAZA FAZAL ALI · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

B 
c 
D 
E 
F 
G 
H 
THE MANAGING BOARD OF Tr-li:J MILLI TALIMI 
MISSION, BIHAR, RANCHI & ORS. 
v. 
THE STATE OF BIHAR & ORS. 
August 14, · 1984 
[S. lvlURTAZA :"AZAL ALI, A. VARAOARAJAN 
AND SABYASACfU 
MUKHARJI, JJ.) 
'· 
Right o/ 111i11ority educatio11al institution-Right to get affiliation fronz the 
Universities-Whether the right to affiliatiorz or to obtain aid fro1n the Governrnent 
is a fu11dan1ental 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 an1ounts to violation of Article 30 of the Constitution or sin1ply an arbitrary 
and illegal aclion-Supreine Court can award cosfs against a State for disobedience 
of the orders of the Court to produce doc1unents called for and for failure to perform 
constitutional duties by institutions. 
The appellant· Institution wa:; started as a Teachers Training College under 
a So.:iety which was csta1.. hshed as far back as l 972, though the college ilself was 
established and started in July 1977. 
On 22.9.1977 the institution made an 
applicatil'.'ln to the Government for.grant of afFliation 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 aprear as a private candidate. 
How-
ever, since the above decision was not applicable to minority institutions which 
was reiterateJ hy a latter Ordinance called Bihar non-Government Teachers 
Training College Ordinance on June 5, 1978, it was incumbent on the institution 
to prove that il was a minority institution before it could be granted affiliation. 
On 24.2.1978 the appellan.s filed an application before the Ranchi University for 
grant of affil;ation. On June 15, 1978, the Government wrote to the Ranchi 
University for inspection of the aDpellants 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 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 30.6.1930 recommending affiliation. But, despite these facts no finaJ 
decision was taken by the Governm:ent as a result of which l the appellants had to 
move the 1-Iigh C'Jurt far d:recting th'! Government to grant affiliation. On the 
liigh Court's direction to the Government •to 'decide (recognition and affialltioD 
.. 
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MIL! TALIMI MISSION V. BIHAR 
411 
the appellants' college \Vithin a specified time, on 3.11.1980, the Government 
A 
granted recognition and approval for affiliation for three sessions only, Le., 
1977-78, 1978-79 and .979-80. 
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 npplied for grant of permanent affiliation. But, 
somehow or tne other, on 27.11. I 980 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 
B 
. challenged before. the Righ Court which quashed the san1e on 18.5.1981. There-
after, on ~7.8.1981 the State of Bihar filled a Special Leave Petition before the 
Suprem:: Court which was dismissed on 30.11.1981. 
However, on 7.9.l98J, three 
minority colleges, alongwith the appellants' college, were grnntcd recognition and 
affiliation by the Government by virtue of the High Court's ord_ers . 
The appellants again \vrote to the High Court to direct the State Governn1ent 
to dispose of the applicution of the ar pellanis for re1 rr Prent 1 ecc gr.if er filed by 
them on 22.11.1980. On 16.9.198 ',the Education Commission<:r, Bihar again made 
a recommendation. This recommendation \Vas made after inspection by the Educa_ 
tional Comm'issioncr In the presence of the local authorities as also the University 
authoritie~

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