- (1.) This writ petition is filed by a parent of two students studying in D.A.V. High School, Dhanbad. The petitioner has approached this Court praying for a declaration that the school is not a minority institution entitled to protection under Article 30(1) of the Constitution of India, for a direction to the State Government to take over the management of the school and for the appointment of ail independent Committee to look into the affairs of the institution and to suggest remedial measures. The writ petition is filed in the back ground of the disputes between the groups represented by respondents 7 and 9 on the one hand and 8 and 10 on the other. The respective sets of respondents claim to be the true representatives of the Managing Committee of the educational institution. According to the petitioner internecine quarrels have reached such a proportion that even proper classes are not being held for the students and the students are being exploited. Two sets of teachers are being appointed and the, teachers prevent each other from taking classes. The funds received form the Government are misused. There has been no audit of the accounts of the institution for a long number of years. The petitioner further submits that though in the year 1958 an order was issued by the then Government of Bihar that the institution was a minority institution, it was not really a minority institution since it was not established and administered by the Arya Samaj, even though substantial help has been rendered by the Arya Samaj. Even otherwise, going by the ratio of the decisions of the Supreme Court, even if the school was established by the Arya Samaj and was being administered by it, it could not be a minority institution in the State of Bihar and especially in Dhanbad and hence, the Government could exercise control over its administration and there no effort was being made by the Government or the concerned educational authority, to rectify the running of the school or to interfere effectively in the quarrel between the groups. This has led to the students suffering the consequences. The Library containing valuable books was being misused. The books are disappearing. The students were not using the Library. It is in this context that the parent has approached this Court with the writ petition.
(2.) Before proceeding further, we may note here that the institution is a Society registered under the Societies Registration Act, 1860.
(3.) Though the two sets of respondents 7 and 9 on the one hand and 8 and 10 on the other have filed counter affidavits neither of them has accepted that the institution was one established by Arya Samaj. At best what is pleaded in the counter affidavits like that found in paragraph 23 of the counter affidavit filed on behalf of respondents 7 and 9 is that buildings have been constructed and funds have been provided by the Arya Samaj and substantial financial help has been rendered by the Arya Samaj. Even otherwise going by the decisions of the Supreme Court in Nageshwaramma v. State of Andhra Pradesh, 1986 AIR(SC) 1188; D.A.V. College, Bhatinda v. State of Punjab, 1971 AIR(SC) 1731; and D.A.V. College, Jullundur v. State of Punjab, 1971 AIR(SC) 1737, it is clear that the school, even if established by Arya Samaj which is merely a part of the Hindu religion, cannot be held to be an institution established by a minority community so as to qualify for protection under Article 30 of the Constitution of India. At this stage, we must take note of the fact that, in the year 1958 the State Government had declared that the institution is a minority institution but, this cannot prevent the Court on considering the relevant materials from declaring that the institution is not a minority institution and to proceed on that basis. Therefore, notwithstanding the order said to have been passed by the Government of Bihar in the year 1958, we are satisfied that the institution in question is not a minority institution. We, therefore, grant the declaration prayed for by the petitioner that the institution is not a minority institution.;