Bhiku Pragyadeep And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15983 of 2017 ====================================================== 1.

Bhiku Pragyadeep and Anr Son of Late Bindeshwari Prasad, Secretary, Governing Body of Shakyamuni College, Bodh Gaya and Resi 2.

Dr. Arvind Kumar Tiwary, Son of Jagdanand Brahmchari Trustee and Principal of Shakyamuni College, Bodh Gaya, Resident of South Central Jail, Gaya, District-Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Education Department, Government of Bihar. Patna.

3.

Magadh University, Bodh Gaya, through Registrar. 4.

The Vice Chancellor, Magadh University, Bodh Gaya. 5.

The Registrar, Magadh University, Bodh Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Singh For the Respondent/s :

Smt. B. Singh - Sc28 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-07-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners have filed the present writ application for a direction to the respondents to declare the status of the institution as minority institution.

The Parliament has enacted National Commission for Minority Education Institutions Act, 2004.

Clause 2(g) of the aforesaid Act defines minority institution which reads as follows:- "(g) "Minority Educational Institution"

means a college or an educational institution established and administered by a minority or

Patna High Court CWJC No.15983 of 2017(2) dt.19-07-2019 2/2 minorities."

Chapter 4 of the Act talks about certain powers of the Commission.

Section 11(4) is clear declaration that this Minority Commission shall decide all questions relating to status of any educational institution and declare its status as minority institution.

Learned counsel for the petitioner has drawn attention of this Court at Annexure-8 the letter of the minority Commission addressed to the Principal of the College declaring status of the college as minority one and certificate to that effect was issued on 2.9.2008.

In view of the above, the writ petition is disposed of with direction to the State to grant minority status of the institution in question in the light of Annexure-8 at the earliest preferably within a period of sixty days from the date of receipt/production of a copy of this order, failing which the institution shall be deemed to be minority institution and shall be entitled to all privileges as minority institution. (Anil Kumar Upadhyay, J) Ravi/- U