P.S. Mishra, J. - (1.) The petitioners, who claim to belong to a religious denomination and who are a religion in minority in the state of Bihar, have moved this Court for a writ in the nature of certiorari to quash the orders appointing an ad -hoc Governing Body (annexures 1 and 26) to administer and manage the affairs of Sangmitra College at Bariatu in the town of Ranchi. The petitioners say that petitioner no. 1 is an association of people professing faith in Budhism which is a religion having freedom to establish and maintain institution for religion and charitable purposes and to establish and administer educational institutions of their choice. Petitioner no. 2 is the Governing Body of Sangmitra College constituted by the followers of the said faith adhering to the regulations and statutes of the Ranchi University. They established a tutorial college in the year 1979 and on 14.10.1982 resolved to establish a college to impart education to women up to degree level. Accordingly, they instituted a Governing body and applied to the Ranchi University for recognition. The University appointed Inspectors who, as per University's statutes and regulations, verified from the relevant records and ascertained relevant facts and reported on 5.3.1983 that the college was established and administered by the petitioner no. 1, which was a religious minority and recommended for affiliating the college up to degree standard. After receiving the Inspector's report, the University in its turn recommended to the Government of the State of Bihar on 7.6.1983 to accord its approval to the affiliation of the college and on 22.9.84 (vide annexure 3) the Government in its appropriate Department informed the University to grant temporary affiliation without intermediate classes and without any financial liabilities upto degree standard. On 7th February, 1986 the University informed the petitioner no. 2 about the grant of affiliation on the condition that there would be no intermediate classes in the college and there would be no financial liability either upon the University or upon the Government.
(2.) It appears there has been no difficulty until then, but on 30.12.1985 the petitioner no. 1 constituted a fresh Governing Body followed by representations against the administration of the college and on 11.2.1986 the President of the Ranchi University Teachers Association addressed some memorandum to the Vice Chancellor of the University making certain allegations against the petitioner no. 1. This was followed by further representations by the teachers who made allegations against the petitioners. In these representations the Vice Chancellor was requested to intervene dissolve the Governing Body and appoint an Ad hoc Committee. On 1.3.1986, the Vice Chancellor of the University ordered dissolution of the Governing Body of the College and appointed an ad hoc committee (Annexure 1). The petitioners allege that there has been interference in their right of administration and have moved this Court.
(3.) Although it is not necessary to go into the allegations as to who established the college and who had been administering it, since a larger question has arisen which question has been framed by a Bench of this Court on 9.4.1986, some more facts are required to be stated.;