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Issues Involved:
1. Constitutional validity of the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981. 2. Alleged violation of Article 30(1) of the Constitution. 3. Specific provisions of the Act, particularly Sections 3 and 18, and their impact on minority rights. Issue-wise Detailed Analysis: 1. Constitutional Validity of the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981: The petitioners challenged the Act's constitutional validity under Article 32 of the Constitution, arguing it violated Article 30. The Act was enacted to take over the management and control of non-government secondary schools in Bihar for better organization and development of secondary education. The Act's preamble and various sections, including Sections 3 and 18, lay out the framework for this takeover. 2. Alleged Violation of Article 30(1) of the Constitution: The petitioners, representing a Christian minority society, argued that the Act infringed on their fundamental right under Article 30(1) to establish and administer educational institutions of their choice. They contended that Sections 3 and 18 of the Act made a serious inroad on this right. The State, however, argued that the Act aimed to ensure academic excellence and good management without infringing on minority rights. 3. Specific Provisions of the Act: Section 3: - Subsection (1): Automatically takes over non-government secondary schools except minority, proprietary, centrally sponsored, and autonomous schools as of October 2, 1980. - Subsection (2): Allows voluntary takeover of minority schools if the management offers an unconditional handover. - Subsection (3): Provides for the takeover of unrecognized schools if they meet certain conditions within three years. The Court held that Section 3(1) does not affect minority schools. Section 3(2) does not confer compulsory takeover power but allows voluntary handover, thus not infringing on minority rights. Section 3(3) pertains to unrecognized schools and does not affect minority institutions. Section 18: - Subsection (1): Ensures continuity of recognition for previously declared minority schools. - Subsection (2): Allows for future recognition of minority schools established to meet educational and cultural needs, provided they fulfill prescribed conditions. - Subsection (3): Lists conditions for managing and controlling recognized minority schools (clauses a to k). Detailed Analysis of Clauses (a) to (k) of Section 18(3): - Clause (a): Requires a managing committee registered under the Societies Registration Act with written bye-laws. This is in the interest of efficient administration and does not interfere with minority rights. - Clause (b): Requires appointment of qualified teachers with the concurrence of the School Service Board, ensuring educational standards without prior approval interference. - Clause (c): Mandates rules for service conditions based on natural justice and prevailing law, promoting fair administration. - Clause (d): Requires School Service Board approval for disciplinary actions, ensuring actions conform to rules framed by the minority institution itself. - Clause (e): Prohibits the appointment of mentally and physically incapacitated persons, ensuring the institution's efficiency. - Clause (f): States no grant for salaries beyond 58 years of age, aligning with the State's superannuation policy without restricting the management's right to retain employees. - Clause (g): Regulates fees charged, requiring State approval for higher fees, ensuring affordability and consistency with State policy. - Clause (h): Allows inspection by authorized officers, ensuring proper use of public funds and maintaining health standards. - Clause (i): Requires compliance with State instructions on various administrative aspects, provided they do not interfere with minority rights. - Clauses (j) and (k): Allow the State to issue instructions for efficient management and educational standards, with the right to challenge arbitrary actions by the State. The Court concluded that these provisions are regulatory, aimed at ensuring educational excellence and efficient administration, without infringing on the fundamental rights of minority institutions. The Act does not compel minority institutions to surrender their management rights but ensures they operate within a framework that promotes educational standards and fair administration. Conclusion: The Court held that the Bihar Non-Government Secondary Schools (taking over of Management and Control) Act, 1981, does not violate the petitioners' rights under Article 30(1) of the Constitution. The regulatory provisions of Sections 3 and 18 are designed to ensure educational excellence and efficient administration without infringing on the fundamental rights of minority institutions. The petitions were dismissed without any order as to costs.
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