Paripoornan, J. - (1.) The appellants in this appeal are (1) Al-Karim Educational Trust, Patna and (2) The Katihar Medical College, Patna, through its Principal. The respondents are (1) The State of Bihar, (2) The Chancellor. Universities of Bihar, Patna, (3) Lalit Narayan Mithila Universities, Patna and (4) Bihar Inter University Board, Patna. The Trust, sponsoring body, is a society under the Societies Registration Act. The appellants filed C.W.J.C. No. 7985/90 before the Patna High Court and sought appropriate directions to the State Government to accord recognition to the appellants college which was within the purview of L. N. Mithila University and to affiliate the college and allow its students to appear in the first part M.B.B.S. examination conducted by the said University, and for other reliefs. By a majority decision dated 7th April, 1992, the High Court held that the provisions of the Bihar Medical Institutions (Regulation and Control) Act will apply to the medical college of the appellants' society, that the said statute does not infringe the fundamental right guaranteed under Article 30 of the Constitution of India, and that the Court is not competent to issue a mandamus directing the University to permit the students of Katihar Medical College to appear at the M.B.B.S. examination conducted by the University unless the statutory requirements with regard to the permission and affiliation are fully complied with. The application if any, filed by the appellants was directed to be disposed of within a specified time. The Writ Petition was dismissed. Aggrieved by the aforesaid decision of the High Court, the appellants having obtained leave of this Court in Special Leave Petition No. 7502/92, have filed this appeal.
(2.) The appellants claim that the Muslim Religious Minority Community of Bihar founded the Trust, Al-Karim Educational Trust under the Societies Registration Act and established the Katihar Medical College for imparting education in the field of medical sciences to youths in particular and to render medical services to suffering humanity in the District of Katihar, which was in Purnea Division. It is further stated that 40 per cent of the population of the Purnea Division are Muslims. Temporary affiliation for three academic sessions was granted by the L. N. Mithila University by order dated 29-12-1989. When permanent affiliation was not granted, the appellants filed the Writ Petition in the Patna High Court, which was dismissed. This Court, while granting special leave by order dated 16-7-1992, ordered thus: "By way of an interim order we direct that the students admitted to Katihar Medical College will be permitted to take examination but their result will be withheld till further orders by this Court. The concerned University which will take the examination is B. N. Mandal University at Madhyapur which we are told is successor university to L.N. Mithila University. We also make it clear that the college will not grant new admissions without express permission of this Court." Consequently, examinations were held in December, 1992.
(3.) It appears that when the appeal came up for hearing, a plea was raised by the State that in the absence of prior permission to establish the College, the Trust had no right to establish it under the Bihar Medical Educational Institutions (Regulation and Control) 2nd Ordinance, 1980, which later became an Act. This Court by detailed order dated 28-9-1993 disposed of the matter and observed thus: "From the above provisions it becomes clear that the prior permission of the State Government is a must for establishing a medical college and for imparting education in the science of medicine. This restriction argued by the learned counsel for the appellant violates the fundamental right conferred by Article 30(1) of the Constitution. Insofar as the requirement of State Government's permission for affiliation is concerned, the learned counsel for the appellant contends that the restrictions imposed for the grant of affiliation must answer the test of reasonableness, otherwise same would also be unconstitutional. Now so far as the first part of the challenge based on Article 30(1) is concerned, since lot of water has flown and many activities have already been undertaken for the grant of affiliation, we think it is too late in the day for the State Government to question the legality of the establishment of the college on the ground that prior permission was not obtained and hence we do not think it is necessary for us to examine the constitutional validity of the said provisions under Article 30(1) of the Constitution. We, therefore, are not required to express any opinion in that regard. We, are of the opinion that in the present case it would suffice if we confine ourselves to the limited question in regard to the grant of affiliation. Now so far as affiliation is concerned, certain conditions laid down by the University Statutes, etc., have to be satisfied. The learned ASG, appearing on behalf of the State of Bihar emphasised before us that the institution has not complied with the conditions and has not satisfied the University as well as the State Government that it has in fact complied with all the legal requirements for the grant of affiliation. Without going into the rival contentions in this behalf, we think that the matter can be sorted out by requiring the appellant-institution to forward to the B. N. Mandal University all the material it has in its power, possession and custody bearing on the requirements for grant of affiliation under Section 21 of the Bihar State Universities Act read with the University statute, vide letter No. BSU/16/86-1098/ 65(1) dated 19th April 1986. In doing so, the institution may also have regard to the spirit of Section 3 of the Bihar Medical Education Institutions(Regulation and Control)Act, 1981 to the extent it has relevance in regard to the grant of affiliation. The appellant may do so within a period of 15 days from today. The State Government in consultation with the University will appoint an Inspection Team within two weeks after the appellant has forwarded the basic information to the University. The inspection Team will submit its report in duplicate within three weeks; one to be forwarded to the Vice Chancellor of the University and the another to the State Government. The State Government will be at liberty to obtain the clearance of the Medical Council of India before finalising the grant of affiliation. The Medical Council of India is requested to expedite the matter and express its opinion within three weeks from the date of receipt of the requisition from the State Government. After these formalities are completed, the appellants will be informed in writing about the outcome of its requisition for grant of affiliation. The matter regarding grant of affiliation has been hanging fire since long. The results of some of the students who have appeared in response to the Court orders have been withheld. As the fate of the students hangs in a balance, we hope that all the functionaries involved in the process aforementioned will act with a sense of urgency so that the time schedule is rigidly followed. We also hope that the Medical Council of India which is not a party before us but which may be required to express its views in regard to the grant of affiliation will also appreciate our anxiety to resolve the question of affiliation as early as possible consistently with the standard evolved by it for granting affiliation to minority institutions. In concluding we make it clear that we are at the post-establishment stage now and the only question which survives in regard to grant of affiliation to the appellant. We have, therefore, refrained from going into the question whether the provisions for prior permission of the State Government for establishment of even a minority institution is ultra vires Article 30(1) of the Constitution. That is because we have taken note of the fact that various acts of commission have been done and orders made by Court from time to time on the assumption that the institution has come into being and the only question that survives is with regard to affiliation. Our order must, therefore, not be understood to mean that we have expressed any opinion even by necessary implication one way or the other in regard to the constitutional validity of the provision which requires the prior permission of the State Government for establishment of a medical College. We have confined ourselves to the post-establishment stage. i.e. grant of affiliation to the institute if it satisfies the requirements adverted to herein before." (Emphasis supplied) ;