ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION AND ANOTHER. versus STATE OF BIHAR AND OTHERS.

ALL BIHAR CHRISTIAN SCHOOLS ASSOCIATION AND ANOTHER. versus STATE OF BIHAR AND OTHERS.

Sections 3 and 18 of the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981 are regulatory in nature and do not violate Article 30(1); the Act seeks to ensure educational excellence and does not amount to interference with the fundamental rights of minority institutions to administer their educational institutions.

Parties
Petitioner: All Bihar Christian Schools' Association; Petitioner: Sister Marianne S.C.N.; Respondent: State of Bihar; Respondent: Others
Jurisdiction
India
Judgment Date
26 November 1987
Procedural Posture
Writ Petition (civil) Nos. 4588 89 of 1983 / Final Disposition
Outcome
Petitions dismissed
Legal Topics
Minority Rights, Educational Institutions, Constitutional Validity, State Regulation of Education
Constitutional Law Education Law Minority Rights Educational Institutions Constitutional Validity State Regulation of Education

Case Brief

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Parties

All Bihar Christian Schools' Association

Petitioner

Sister Marianne S.C.N.

Petitioner

State of Bihar

Respondent

Others

Respondent

Procedural Posture

Writ Petition (civil) Nos. 4588 89 of 1983 / Final Disposition

Legal Issues

  1. 1 Whether the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981 violates Article 30(1) of the Constitution.
  2. 2 Whether the regulatory provisions in Sections 3 and 18 of the Act encroach upon the fundamental rights of minority institutions.

Ratio Decidendi

Sections 3 and 18 of the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981 are regulatory in nature and do not violate Article 30(1); the Act seeks to ensure educational excellence and does not amount to interference with the fundamental rights of minority institutions to administer their educational institutions.

Court Disposition

Petitions dismissed

Orders

  • Petitions under Article 32 dismissed; no order as to costs.