B.P.Jeevan Reddy, C.J. - (1.) These two writ petitions raise a common question and can be disposed of together under a common order. W.P. No. 53 of 1977 is filed by parents or students, students and ex-students of Jai Narain Inter College, Varanasi, questioning the validity of an order dated 18-9-1976 passed by the Director of Education, U. P., declaring the said educational institution to be a minority institution within the meaning of Article 30 of the Constitution of India. W. P. No. 18398 of 1988 is filed by a teacher working in the said,,College, who was appointed as ad-hoc Principal oi the said College, questioning the validity of an advertisement published by the Authorised Controller of the College. Under this advertisement, applications are invited for appointment to the post of Principal of the College, but it says that only members belonging to Christian Community are eligible to apply. The petitioner in this writ petition does not belong to Christian community. He is questioning the exclusion of non-Christians from applying for the said post.
(2.) The order dated 18-9-1976 made by the Director of Education, U.P. is a one line order, It is in Hindi. Translated into English, it reads as follows:- "Under Section 16-FF of the Intermediate Education Act, Jai Narain Inter College, Varanasi is declared as minority institution because it has been established and is being maintained by a minority within the meaning of Article 30(1) of the Constitution." The order purports to have been made in pursuance of a statutory provision i,e., S. 16FF of the U.P. Intermediate Education Act. S. 16-FF provides a saving in the case of a minority institution : certain provisions of the Act are modified in their application to minority institutions. For a proper appreciation of the import of the said saving, it is necessary to examine broadly the scheme of the enactment.
(3.) The U. P. Intermediate Education Act was enacted in 1921 and has been amended from time to time since then. One of its main purposes was to establish a Board to lake the place of the Allahabad University in regulating and supervising the system of High School and Intermediate Education in the then United Provinces and to prescribe course therefor. Section 3 of the Act provides for constitution and composition of the Board, while Section 7 deals with its powers. The powers of the Board include the power to conduct examinations at the end of High School and Intermediate courses, to recognise institutions for the purposes of these examinations and to do all such other acts and things as may be requisite in order to further the objects of the Board as a body constituted for regulating and supervising High School and Intermediate education. Section 15 confers upon the Board the power to make regulations for the purpose of carrying into effect the provisions of the Act. Inter alia, the Regulations may provide for conditions of recognition of institutions courses of study to be followed therein, conduct of examinations, conditions under which grant-in-aid shall be given to recognised institutions. Sections 16-A to 16-1 were introduced by an amendment Act (U. P. Act No. 35 of 1958). These provisions provide for more intense regulation of educational institution. It is sufficient for our purposes to note that Section 16-A prescribes a particular procedure for selection of teachers and heads of Institutions. The education Department is substantially involved in the matter of appointments. For the appointment of Head of the Institution a selection committee is to be constituted in the manner prescribed in Section 16-F. Section 16-FF, which was introduced by amendment Act No. 26 of 1975, then says : "Notwithstanding anything in sub-section (4) of Section 16-E and Section 16-F, the Selection Committee for the appointment of a Head of Institution or a teaches of an institution established and administered by a minority referred to in clause (1) of Article 30 of the Constitution shall consist of five members (including its Chairman) nominated by the Committee of Management : Provided that one of the members of the Selection Committee shall - (a) In the case of the appointment of the Head of an Institution, be an expert selected by the Committee of Management from a penal of experts proposed by the Director : (b) in the case of appointment of a teacher, be the Head of Institution concerned." It may be mentioned that according to sub-section (4) of Section 16-E, every application for appointment as Head of Institution or teacher in pursuance of an advertisement shall be made to the Inspector, who shall first award quality point marks to each of the applicants in accordance with the prescribed procedure and forward the same to the Committee of Management. The applicant shall then be called for interview by the Selection Committee, which shall prepare a list of selected candidates. Appointment has to be made in the order in which the candidates are mentioned in the said list. More important is the provision contained in Section 16-F, which prescribed the manner in which the Selection Committee is to be constituted of the five members constituting the Selection Committee, three shall be experts nominated by the Regional Deputy Director of Education from persons not belonging to the District in which the institution is situated, out of the panel of names prepared under the said Section. All these provisions are made in applicable to a minority institution by virtue of the provisions contained in Section 16-FF. It is evidently to avail of the benefit of the said exemption that the said institution made an application to the Director of Education for declaring it to be a minority educational institution. The record produced before us does not show that any inquiry was made by the Director before granting the said declaration. The declaration appears to have been granted only on the basis of information furnished by the institution in its application and the accompanying proforma.;