REV. FATHER W. PROOST AND ORS. versus THE STATE OF BIHAR & ORS.

REV. FATHER W. PROOST AND ORS. versus THE STATE OF BIHAR & ORS.

Article 30(1) provides minority communities an autonomous right to establish and administer educational institutions of their choice; this right is not restricted to institutions conserving language, script, or culture under Article 29(1). St. Xavier's College, established by a Catholic minority community, is...

Source-derived case information.

Parties
Petitioner: Rev. Father W. Proost; Petitioner: Two parents of students; Petitioner: St. Xavier's College, Ranchi and the Association of St. Xavier; Respondent: The State of Bihar; Respondent: Patna University; Intervener: Interveners
Jurisdiction
India
Judgment Date
13 September 1968
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction, Judgment
Outcome
Petition allowed with declaration; no order as to costs.
Legal Topics
Minority Rights, Educational Institutions, Article 29(1), Article 30(1)
Constitutional Law Minority Rights Educational Institutions Article 29(1) Article 30(1)

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Parties

Rev. Father W. Proost

Petitioner

Two parents of students

Petitioner

St. Xavier's College, Ranchi and the Association of St. Xavier

Petitioner

The State of Bihar

Respondent

Patna University

Respondent

Interveners

Intervener

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction, Judgment

Legal Issues

  1. 1 Whether protection under Article 30(1) is limited to furthering rights mentioned in Article 29(1)
  2. 2 Whether St. Xavier's College, established by a Christian minority, is entitled to protection under Article 30(1)
  3. 3 Whether section 48-A of the Bihar State Universities Act is ultra vires Articles 29 and 30

Ratio Decidendi

Article 30(1) provides minority communities an autonomous right to establish and administer educational institutions of their choice; this right is not restricted to institutions conserving language, script, or culture under Article 29(1). St. Xavier's College, established by a Catholic minority community, is entitled to the protection of Article 30(1) and is exempt from section 48-A by virtue of section 48-B.

Court Disposition

Petition allowed with declaration; no order as to costs.

Orders

  • St. Xavier's College is declared to be protected by Article 30(1) and exempted under section 48-B of the Bihar State Universities Act.