A petition was then filed in the High Court of Patna by four petitioners who are appellants in Appeal No.
30 1 is infringed.
Writ Petition No.
These petitions are heard with Civil Appeal No.
Against the order dismissing the petition, Civil Appeal No.
430 of 1968 is filed by the Principal, Church Missionary Society Higher Secondary School, Bhagalpur, the Secretary, Bihar Christian Council, Gaya, the Secretary, Santhalia Christian Council, Bhagalpur, and the Secretary National Christian Council of India, Nagpur.
Appeal from the judgment and order dated September 10, 1968 of the Patna High Court in Civil Writ Jurisdiction Case No.
Two other petitions are filed in this Court claiming relief on the footing that by the order dated May 22, 1967, of the Government of Bihar the fundamental right of the Christian minority to maintain an educational institution of its choice and guaranteed by Art.
431 of 1968 has been filed by Rev. M. P. Hembrom, Parish Priest, Church Missionary Society, Bhagalpur, two of whose children are being educated at the School.
At a meeting of the Local Committee held on August 23, 1856, it was recorded that on an area of 21 bighas of land for which a perpetual lease was obtained on November 26, 1853, the Association had built a Bungalow and offices for the Missionary, houses for native Christians and an orphanage.
2346 of 1968 for a writ quashing the order dated May 22, 1967, and for an order restraining the respondents the State of Bihar the Secretary to the Government of Bihar, Government of Education and the educational authorities of the State from interfering with the, right of the petitioners to companytrol, administer and manage the affairs of the School.
2346 of 1968 has been filed in this Court.
503 of 1967 and Writ Petitions Nos.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
2346 of 1968.
430 and 431 of 1968.
The High Court found on a companysideration of the evidence that the Church Missionary Society Higher Secondary School is a denominational institution, that scripture classes are held in the School and lessons on the life and teaching of Lord Jesus Christ are taught and examinations are held in the subject for all students, that every morning, before the classes begin, the prayers from the prescribed Church Books are offered by the students and the members of the staff, and each meeting of the Managing Committee of the Schools begins and closes with prayers from the Book of Common Prayer.
Writ Petition No.
2346 of 1968 .
On June 21, 1967, the Regional Deputy Director of Education, Bhagalpur, addressed a letter to the Secretary, Church Missionary Society School,, Bhagalpur, inviting his attention to the order dated May 22, 1967, and requested him to take steps to companystitute a Managing Committee of the School in accordance with that order.
By order dated September 4, 1963, the President of the Board of Secondary Education approved the election of Bishop Parmar as President and Rev. Chest as Secretary of the Church Missionary Society Higher Secondary School.
C. Setalvad and R. Gopalakrishnan for the appellants in C.A. go.
430 and 431 of 1968 .
This order was set aside by the Secretary to the Government, Education Department, by order dated May 22, 1967.
The Legislature of the State of Bihar enacted the Bihar High Schools Control and Regulation of Administration Act 13 of 1960 which by s. 8 invested the State Government with power to frame rules.
2346 of 1968 .
Petitions under Art.
2346 of 1968.
The Judgment of the Court was delivered by Shah, J. A primary school started in 1854 at Bhagalpur was later companyverted into a Higher Secondary School.
P. Jha for the respondents in W.Ps.
Rule 41 provides These rules shall number apply to the schools established and administered by the minorities whether based on religion or language.
Goburdhun, for the respondents in C.A. No.
In 1964 rules were framed under the Act by the State Govern ment of Bihar.
430 and 431 of 1968 .
Gopalakrishnan, for the petitioners in W.P. Nos.
