Singh, J. - (1.) These petitions under Art. 32 of the Constitution challenge the constitutional validity of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 (Bihar Act No. 33 of 1982) on the ground that the provisions of the Act are violative of Art. 30 of the Constitution.
(2.) All Bihar Christian Schools' Association, petitioner 1, is a religious minority society registered under the Societies Registration Act. Petitioner 2, Sister Marianne S.C.N. is the Secretary-cum-Treasurer of petitioner 1. The aims and objects of the All Bihar Christian Schools' Association are to promote education including science, literature, fine arts and libraries according to Christian ideals in the interest of national development; to foster moral and spiritual values in education; to assist and strengthen the work of Christian schools in Bihar; to promote the welfare of teachers and other staff of the member-institutions. The petitioner association has set up a number of secondary schools in the State of Bihar which are managed and administered by the Christian dioceses/societies and these institutions are recognised by the Education Department of the State of Bihar. The petitioners aver that they have fundamental right under Art. 30 of the Constitution to administer the institutions established by them, according to their choice and no interference in the administration of the educational institution is permissible under the Constitution. The petitioners alleged that the provisions of the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981 (hereinafter referred to as the Act) make serious inroad on the petitioners' right to establish and administer educational institutions of their choice. They have challenged constitutional validity of the provisions of the Act and particularly the provisions contained in S. 3 and S. 18 of the Act which according to them interfere with their fundamental right guaranteed by Art. 30(l) of the Constitution.
(3.) In the State of Bihar a number of private secondary schools were established 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 organisation and development of secondary education of the State. It promulgated an Ordinance on 11-8-1980, as the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) First Ordinance. This Ordinance was later on replaced by another Bihar Ordinance No. 74 of 1981 on 22-4-1981. The State legislature converted the Ordinance into the Bihar Non-Government Secondary Schools (Taking Over of Management and Control) Act, 1981. The Act as indicated by the preamble is to provide for the taking over of management and control of the Non-Government Secondary Schools by the State Government for improvement, better organisation and development of Secondary Education in the State of Bihar. "Non-Government Secondary School" as defined by S. 2 means a secondary school recognised as such by the Bihar Secondary Education Board Act, 1976 and the Bihar Secondary Board (Second Amendment) Ordinance, 1980. "Secondary School" means a secondary school whose management and control has been taken over by the State Government under S. 3 of the Act. "Minority Secondary School" as defined by S. 2(c) means a secondary school established by a minority community based either on religion or language, and managed by the minority community and declared and recognised as minority school by the State Government. Section 3 provides for taking over of the management and control of recognised Non-Government secondary schools by the State Government. Sub-section (1) lays down that all recognised non-government secondary schools other than the minority secondary schools based on religion or language, shall be deemed to have been taken over by the State Government with effect from October 2, 1980. Sub-section (2) provides that the State Government may by notification in the official gazette from a specified date take over the management and control of a recognised minority secondary school if the managing committee of the secondary school voluntarily makes an unconditional offer to hand over the school with all moveable or immoveable assets and properties owned or possessed by the school. Section 4 provides for the consequences which ensue on the taking over of management and control of non-government secondary schools by the Government. It provides that on the taking over of the management and control of the non-government secondary schools by the Government all the moveable and immoveable assets and properties owned and possessed by secondary schools including land, building. documents, books and registers shall stand transferred to the State Government and deemed to have come into its possession and ownership. The services of every Headmaster, teacher or other employees of the school taken over by the State Government shall be deemed to have been transferred to the State Government with effect from the date of taking over the school and they become employees of the State Government. The age of superannuation of Headmasters, teachers and other employees of the schools taken over by the State Government shall be 58 years. However, other terms and conditions of their services shall continue to be the same as they existed prior to taking over of the management and control of the school until alteration is made by the State Government. Section 5 provides that the management and control of the nationalised schools shall be under the Director and his subordinate officers in the manner as prescribed by the State Government. The management of every secondary school shall be under a committee constituted in accordance with the provisions of S. 6 of the Act. Section 7 enumerates powers and functions of the Managing Committee. Section 8 prescribes duties of the Headmaster. Section 9 provides that the service conditions of the Headmasters, teachers and non-teaching staff of the nationalised secondary schools shall be determined by the Stale Government. Section 10 provides for the establishment of a School Service Board, a corporate body having perpetual succession and common seal. Its Chairman and the members shall be appointed by the State Government. The Board is empowered to make recommendations for appointment or promotion of Headmasters and teachers of nationalised Secondary schools to the Director of Education. Section 11 creates a District Secondary Education Fund. Section 12 provides that the fund shall be used for payment of salary and allowances to the Headmaster, teachers and other employees of schools including the minority secondary schools and grants for other expenditure of schools. Section 14 provides for the constitution of a Secondary Education Committee for making recommendation to the State Government on the questions relating to the taking over of management of the secondary schools, their improvement and up gradation. Section 15 confers power on the State Government to make rules for carrying out the purposes of the Act. Every rule made under this provision is required to be laid before both the Houses of the State Legislature. Section 17 provides for interim arrangement before taking over management and control of Non-Government Secondary Schools. Section 18 provides for the recognition of minority secondary schools. Under this provision, a minority secondary school already declared a minority school under the provisions of Bihar Secondary Education Board Act, 1976 shall be deemed to have been recognised under the provisions of the Act. It further provides that the State Government may by notification recognise a minority secondary school, if the same has been established by a minority community on the basis of religion or language for the purposes of meeting the educational requirement and for the protection of culture of their section, provided it fulfils conditions prescribed for recognition. A minority secondary school shall be accorded recognition if it is managed and controlled in accordance with the provisions set out in Cls. (a) to (k) of S. 18 (3). It requires every minority secondary school to have a managing committee and written bye laws. The managing committee is required to appoint teachers with the concurrence of the School Service Board. The managing committee shall prescribe rules regarding the service condition of teachers based on natural justice and prevailing law and it shall have powers to remove, dismiss, terminate of discharge a teacher from service with the approval of School Service Board. The managing committee shall charge only such fees from the students as are prescribed by the State Government. No higher fees shall be charged unless prior approval of the State Government is obtained.;