Singh, J. - (1.) These two appeals are directed against the judgment and order of High Court of Patna dated November 6, 1989, quashing the order of the Bihar State Madarasa Education Board dissolving the Managing Committee of the respondent's institution.
(2.) The State Legislature of Bihar enacted the Bihar State Madarasa Education Board Act (Act 32 of 1982) providing for the constitution of an autonomous Board for development and supervision of Madarasa Education in the State of Bihar. "Madarasa" as defined by S. 2 means an educational institution providing instruction in Islamic, Arabic and Persian studies and recognised as such by the Board. The 'Board' means the Board established under S. 3 of the Act. Section 3 provides for the constitution of State Madarasa Education Board which is a body corporate with perpetual succession and a common seal. The Board consists of a Chairman appointed by the State Government, Director of Education (In charge of oriental Education), Director, Institution of Post-graduate studies and research in Arabic and Persian, Patna. The Principal, Madarasa Islamia, Shamsul Hoda Patna, Chairman, Bihar, Sunni Wakf Board, Patna, Chairman Bihar Shia Wakf Board, Patna, two members of the State Legislature nominated by the Government having interest in Madarasa Education or Islamic studies, two senior teachers of recognised Madarasa nominated by the State Government, and three other members nominated by the State Government who have interest in Madarasa Education or Islamic studies. The Board is invested with powers and functions to provide for instruction and research in Arabic, Persian and Islamic studies and to advise the State Government on all matters relating to Madarasa Education. The Act empowers the Board to direct, supervise and control Madarasa Education, to grant recognition to Madarasas in accordance with the regulations framed by it, to conduct different Madarasa examinations, to publish results, to make regulations prescribing conditions of employees of the Board, to provide for the constitution of the Managing Committee, to constitute academic committee, recognition committee examination committee, and for carrying on its powers and functions in regulating the education in Madarasa Institutions. The Board is headed by a Chairman nominated by the State Government under S. 10(2), of the Act, it lays down that no person shall be eligible for appointment as Chairman unless he holds adequate administrative experience under the Central or State Government and he has teaching or research experience for not less than 10 years in post-graduate educational institutions or he is regarded scholar in Arabic, Persian, Islamic studies and he is interested in Madarasa Education. The Board as constituted by the Act is an autonomous body entrusted with the duty to grant recognition, aid, supervise and control the academic efficiency in the Madarasa Institutions, aided and recognised by it. The members of the Board consist of those persons who are connected with or interested in the teaching and research of Arabic, Persian and Islamic studies, and interested in the Madarasa Education. The Legislature has enacted the Act with the primary purpose of providing an autonomous educational authority for regulating the efficiency of Madarasa Institutions where studies are carried on in Arabic, Persian and Islamic studies.
(3.) The Hanfia Arabic College Jamalia and Madarasa Shamsul Uloom the respondent's institutions are Madarasa institutions aided and recognised by the Board under the provisions of the Act, as such the respondent's institutions are subject to the provisions of the Act and the regulations framed by the Board in matters relating to their management and administration. The Committees of management of the two respondent institutions failed to comply with the directions issued by the Board with regard to payment of salary to teachers, whereupon the Board in exercise of its power under S. 7(2)(n) of the Act dissolved the Managing Committee of the respondent's institution and appointed ad hoc committee to manage the institutions. The outgoing Managing Committee of the respondent's institutions and some of the affected members of the Committee filed writ petitions before the High Court of Patna under Art. 226 of the Constitution challenging the order of the Board, dissolving the Committee of Management and appointing ad hoc committee. Before the High Court, the respondents submitted that S. 7(2)(n) of the Act which confers power on the Board to dissolve Managing Committee of a Madarasa is violative of Art. 30(1) of the Constitution as it interfered with their right of management of institutions. The High Court upheld the respondent's plea and declared S. 7(2)(n) unconstitutional as it confers power on the Board to dissolve Committee of Management of a Madarasa. The Board has preferred this appeal by leave against the aforesaid judgment of the High Court.;