GOVERNING BODY OF KARIM CITY COLLEGE Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this writ case, the question for decision is whether the first proviso to Section 57-A (1) of the Bihar State Universities Act, 1976 is unconstitutional on the ground that it infringes the fundamental right of the minorities based on religion or language guaranteed, under Article 30 of the Constn. The writ application has been filed on behalf of Karim City College, Jamshedtmr, through its Governing Body and its Principal. The College is admittedly a minority institution and has been so recognised by the University as indicated by its letter. Annexure '1'.

(2.) The respondent No. 3 was a lecturer in the college and his services were terminated by the Governing Body after initiating a disciplinary proceeding. He moved the Bihar College Service Commission (Respondent No. 20) against this order and the Commission, by the impugned order in Annexure '7' held that the decision about the termination of the petitioner's service having not been taken with the approval of the Commission was entirely illegal and cannot be accepted as valid and the respondent No. 3 must be deemed to continue in service. The Commission also sent a letter, Annexure 8. to the Governing Body insisting upon the requirement of such approval. The petitioners have by the present application, challenged the order in Annexure '7'.

(3.) Section 57-A (11 leaving out the second Proviso which is not relevant is in the following terms: