JUDGMENT 1. THIS writ application is at the instance of fifteen lecturers of Ramkrishna Mission Vivekananda centenary College, Rahara in the District of 24-Parganas praying for a writ declaring that this College is governed by the West Bengal College Teachers' (Security of Service) Act, 1975 and the west Bengal College Service Commission Act, 1978. There is a further prayer for a Writ of Mandamus commanding the Government of West Bengal to reconstitute the Governing Body of the college according to the standard pattern for constituting the Governing Body of Government Sponsored Colleges laid down under Order No. 752-Edn (C. S.)/G. C. S. SC-3/77 dated 18th April 1978. There is also a further prayer for a Writ in the nature of Mandamus commanding the Government of West Bengal to direct the Covering Body of the college to appoint the Principal of the said college according to the provisions of West Bengal College Teachers, (Security of Service) Act, 1975 as well as according to provisions of the West bengal College Service Commission Act, 1978. There was also a prayer for a Writ of Quo warranto commanding the respondents to show cause why Swami Shivamoyananda, respondent No. 14 purported to have been appointed as the principal of the College should not be prevented from acting as such. There is also a further prayer for an interim order restraining the Govering Body from interfering with the functions of the college and also restraining the respondent no. 14 from acting as the Principal of the college. There is also a prayer for an interin order restraining the Ramkrishna Mission, respondent No. 5 Swami ramananda, respondent No. 6 from proceeding with the pending Title Suit No. 111180 pending in tht 10th Court of subordinate Judge at Alipore till the disposal of the writ application. 2. THE relevant facts as appears from the petition are as follows :-The petitioners are all teachers of ramknshna Mission Vivekananda centenary College, rahara, to be heremarter called the Colledge, this Colledge was established by the Government West bengal pursuant to the general policy adopted by the Government of india and the State Government for advancement of College education with a particular view to reducing the over-crowding in big colleges in Calcutta as requested by the university Grant Commission. The cost of construction of the college building amounting to more or less 7. The cost of construction of the college building amounting to more or less 7. 25 lacs was shared by the State Government and the Government of India, ministry of Rehabilitation. This will be evident from the communication made by the Deputy Secretary of the Government of West Bengal to the Director of Public Instruction west Bangal dated 27th October, 1961 annexed as Annexure 'a' to the petition. The relevant portion of the letter are to the effect that the Governor is pleased to, approve of the proposal of the construction of a 3 years degree college mainly for the benefit of the displaced students from East Pakistan under the auspices of the Ramkrishna Mission Boys' Home, rahara. The college which will be located at Rahara, 24-Parganas and for which the Mission Authorities have acquired a site of little over 10 bighas in Rahara is to function under the name "the Ramkrishna Mission Boys' Home. Vivekananda Centenary College. The plans and estimates submitted by the ramkrishna Mission Boys' Home, Rabara and which are in conformity with the schedule, approved by the Chief Engineer, Construction Board, the Governor is pleased to approve of the proposal of the construction of the college building at an estimated cost of Rs. 7. 25 lacs only, which will be shared by the State Government and the Government of India, ministry of Rehabilitation. The Governor has accorded sanction to the authorities of the Ramkrishna mission Boys Home, Rahara, 24-Parganas of a capital grant of Rs. 1. 25 lacs only during the current financial year to start the preliminary works immediatedly. 3. THE college, it has been stated, had been declared as a Government Sponsored College and the deficit in the cost on account of its maintenance is met by the Government and the same will appear from the letter dated 25th April, 1962 of the Deputy Secretary to the Government of West Bengal to the Registrar, Calcutta University. A copy of the same-is annexed as Annexure 'b' to the petition. It has been stated that the Director of Public Instruction made an application on 28.8.62 for affiliation of the college to the, Registrar, Calcutta University. A copy of the same-is annexed as Annexure 'b' to the petition. It has been stated that the Director of Public Instruction made an application on 28.8.62 for affiliation of the college to the, Registrar, Calcutta University. The Registrar, Calcutta University by a letter dated 6th May, 1963 annexed as Annexure 'c' to the petition intimated that the management of the ramkrishna Mission Boys' Home, Rahara, has taken upon itself the task of giving a shape to the educational ideals of swamiji in organising the proposed institution which will function as a sponsored college with financial assistance from the State Government as well as from the Ministry of Rehabilitation, Government of India. The Managing Committee of the Ramkrishna Mission Boys' home, Rahara, it has been mentioned in the said letter, is now functioning as the organising 'committee of the College. The Government of West Bengal, Education Department has forwarded the proposal of a special constitution of the governing Body with provision for two elected teachers' representatives. The registrar stated in his letter that the proposed constitution of the Governing body of the College therein may be approved. It was further mentioned therein that the organisers of the college should constitute the Governing Body within a period of three months in accordance with the provisions of the Constitution as mentioned therein. The constitution of the ad hoc Governing Body of the proposed college to be named as Vivekananda centenary College which was submitted by the Ramkrishna Mission, rahara was forwarded to the Registrar, calcutta University by the Assistant secretary, Government of West Bengal and the said ad hoc Governing Body was approved as will be evident from the letter of the Deputy Secretary dated 18th May, 1963 annexed as Annexure 'e' to the petition On 14th February, 1969 the Deputy Secretary sent a letter communicating the order of the Governor constituting a special constitution for the College as a sponsored College. On 27th February, 1969 the Governor reconstituted the Governing Body of the college for a period of three years. This will be evident from the letter dated 27th February, 1969 issued by the Deputy Secretary of the Government of West Bengal annexed as Annexure 'g' to the petition. Thereafter on 13th March, 1972 another reconstitution of the Governing Body was made by the governor with the personnel mentioned therein. This will be evident from the letter dated 27th February, 1969 issued by the Deputy Secretary of the Government of West Bengal annexed as Annexure 'g' to the petition. Thereafter on 13th March, 1972 another reconstitution of the Governing Body was made by the governor with the personnel mentioned therein. This will be evident from the letter of the Deputy Secretary, government of West Bengal dated 13.3.1972 annexed as annexure 'h' to the petition. Again by letter dated 22nd October, 1975 the Governor was pleased to reconstitute the Governing Body of the college by a notification with the personnel named therein for a period of three years. It has been stated therein that this cancels this Department Corregendum no. 669 -Edn (cs) dated 14th May, 1969. It has further been proceed that in reply to a query made by Prof d. K. Chakraborty, General Secretery of the West Bengal College and University teachers' Association, the Director of public Instruction by a letter intimated that the Government order does not, confer any special power to the Governing body of the College and Its powers and functions are as exercised by any other sponsored College and that the rules of business of the institution are absolutely governed by specific rules that are there for any other Government Sponsored-College. This is annexed as Annexure 'i' to the petition. On 18th January, 1977, a letter was sent by the Inspector of Colleges (Officiating), university of Calcutta, to the Principal of the college intimating that the Syndicate at its meeting held on 17th December, 1975 resolved that the service condition of the staff of the College will remain unchanged since it is a Government-Sponsored-College and the College will abide by the sponsored College rules as laid lown by the Government. This has been annexed as Annexure 'k' to the petition. On 16th December, 1977 the deputy Secretary, Government of West bengal by a letter intimated the Director of public Instruction, West Bengal that two teachers' representatives of ramkrishna Mission Vivskananda Centenary College (Government sponsored)will henceforth be elected, by all the wholetime teachers of the collage themselves. This has been annexed as Annexure 'l' to the petition. On 16th December, 1977 the deputy Secretary, Government of West bengal by a letter intimated the Director of public Instruction, West Bengal that two teachers' representatives of ramkrishna Mission Vivskananda Centenary College (Government sponsored)will henceforth be elected, by all the wholetime teachers of the collage themselves. This has been annexed as Annexure 'l' to the petition. On 18th April, 1978 a letter was sent by the Deputy secretary, Government of West Bengal to the Director of Public Instruction, west Bengal that in supersession of all previous orders relating to the constitution Governing Body oi Sponsored colleges a new Standard pattern for the compositiont of Governing Bodies was laid down therein. This will comply win me composition of Governing Bodies of the Government Sponsored-Colleges except in cases where the colleges has a special constitution oh the basis of trust Deeds or where the colleges are run by Missionary Societies on the basis of agreement with the respective missions. This has been annexed as annexure 'n' to the petition. It has been stated that the government has failed and neglected to give effect to the order dated 18th April, 1978 and has allowed the old Governing body to function for a period of more than 2 years. It has been further pleaded that the period of 3 years of the governing Body last reconstituted has expired long before and no steps have been taken by the Government in reconstituting the Governing Body of this college. As such a mandate should be issued for constitution of the governing Body in the standard pattern. It has been further stated that the resolution was adopted on 8th December, 1978 whereby the Governing Body has resolved that the service conditions of the teachers of the college are to be Governed by the sponsored College rules and other rules if applicable to the college. This has been annexed as Annexure 'n'. 4. IT has been submitted that the West bengal College Teachers (Security of service) Act, 1975 came into force on october, 1975. According to sub-clause (1) of section 2 of the said Act college means a college or institution affiliated to a University in accordance with the provisions of the Act constituting sucn university or the statutes made thereunder and includes a Constituent, college or a Government Sponsored College. According to sub-clause (1) of section 2 of the said Act college means a college or institution affiliated to a University in accordance with the provisions of the Act constituting sucn university or the statutes made thereunder and includes a Constituent, college or a Government Sponsored College. Accordingly the college being admittedly a declared Government-Sponsored college is governed by the provisions of west Bengal College Teachers (Security of Service) Act, 1975. It has also, been pleaded that the provisions of the said act applies' both to the professor, assistant proressor, lecturer, tutor, demonstrator, physical instructor or any caller person holding a teaching post recognized by the animation of university and appointed as such by a college and includes its Principal and Vice-Principal, it has been further pieadea that a teacher of a college has to be provided with an appointment letter and his service register has to be maintained. it has also been pleaded that the College service Commission Act, 1978 which came into force on 23rd February, 1979 also applies to the instant college ana as such in accordance with the provisions of the said Act a teacher inducing the principal and Vice-Principal has to be appointed in the manner provided in the said Act. It has been pleaded that the appointment of respondent No. 14, as principal of the college at a meeting of the Governing Body is illegal as the same was not made in accordance with the College Service Commission Act, 1978 and as such the petitioners and other teachers' protested the giving effect to the proceedings of such a meeting regarding the appointment of respondent no. 14 as Principal of that College. Hence, this writ application has been made claiming the reliefs as stated hereinbelow. An affidavit-in-opposition sworn by swami Ramananda, disciple of Swami vishuddhananda and the Secretary of the Governing body of the Ramkrishna mission Vevekananda Centenary College, ranara on 3rd February, 1981 on behalf of respondent Nos. 5, 6, 7, 8, 9, 10 and 14 has been filed on 3rd February, 1981, it has been stated, in paragraph 5 of the said affidavit that Shri Ramkrishna a spiritual practices culminated in, the experience that an beigins are in essence divine, and identical with Eternal Exustence consciousness and Bliss, and that the ultimate aim of human life is to realise this Truth and attain eternal life. Shri Ramkrishna discovered that the same Eternal Truth underlines all religions, which is the essence of all scriptures, that all religions are true. According to Shri Ramkrishna, religion is not an end in itself out is a means to achieve the said aim of human life. He proclaimed that all religions are only different paths leading to the same goal. He preached that service to man as the veritable mainfestation of God, in a spirit of worship, is a sure way to realise the Truth. Accepting all religious to be true, he prohibited condemnation of any of them. These are the fundamental tenets of the cult of religion of Sri Ramkrishna. In paragraph 6 it has been awerred that this new religion of Shri Ramkrishna is unique by itself, and comprehends within itself each of all the other religions, and yet is not identical with any one of them. It has been stated in paragraph 7 of the said, affidavit that the most important features of this new cult or religion practised and preached by Shri Ramkrishna, which clearly distinguish it from all the other cults or religions, including traditional Hinduism are as follows :- (i) The religion of Shri Ramkrishna looks upon Shri Ramkrishna as an illustration and embodiment of the Religion Eternal which constitutes the core of all religious ideal, and permits his worship through his image (like portraits, photos, statues, etc.), relics or otherwise, with or without any ritual or ceremony. (ii) It not only tolerates all religions, but also accepts them all to be true, and it considers all religions to be only different paths leading to the same goal, whereas other religions claim absolute authority in all matters to the exclusion of all others. (iii) It believes that the underlying truth in all religions in the same Eternal Truth which is the essence of the scriptures of all religions. (iv) It preaches the harmony of all religions. (v) It prohibits condemnation of any religion. (vi) It enjoins no particular ritual or ceremony whatsoever as compulsory. (vii) It enforces no restriction regarding food as in many other religions. (viii) It recognises no privilege whatsoever due to caste colour, creed, language or nationality. (ix) It recommends selfless service to man in a sprit of worship looking upon him as the veritable manifestation o;e god, as a sure means to attain spiritual salvation. (vii) It enforces no restriction regarding food as in many other religions. (viii) It recognises no privilege whatsoever due to caste colour, creed, language or nationality. (ix) It recommends selfless service to man in a sprit of worship looking upon him as the veritable manifestation o;e god, as a sure means to attain spiritual salvation. (x) It does not require any person belonging to any other faith to abjure the same, on initiation into or acceptance of this unique religion of Shri Ramkrishna, as is so demanded by other religions. (xi) It does not impose or require any specific cermony by way of conversion or purification or otherwise, for initiation into this new religion, unlike other religions. (xii) It allows its followers to participate freely in the religious ceremonies of all other religions. 5. SHRI Kamkrishna created a band of religious devotees with Swami Vivekananda as his chief disciple, who were initiated into his religion, and also founded on order of monks, since known as the Ramakrishna order, with Swami Vivekananda, as its leader. The followers of this religion or cult of Shri Ramakrishna believe in and practise the universal religion of all times, as practised and preached by him. They believe in the universal brotherhood of all, irrespective of caste, colour, creed, community, language or nationality. Amongst the followers of Shri Ramkrishna's religion, there are persons coming from Hindu fold as well as from the followers of Islam, christainty and other religions. There is, however, a fundamental difference between the religious out look of followers of these traditional faiths and that of a follower of Shri Ramakrishna. For example :- (1) A traditional Hindu claims to be ' a Hindu and Hindu only, and believes in the Vedas only, and not in the scriptures of any other religion, he is at most in different to, or even tolerant of, but has not respect for the other scriptures. But a follower of the cult or religion of shri Ramakrishna, coming originally from the Hindu fold, though a Hindu, claims to be something more at the same time. As a follower of Shri Ramkrishna's Religion Universal, alongwith the Vedas, he accepts also the Holy koran, the Holy Bible and all other religious scriptures to be true. But a follower of the cult or religion of shri Ramakrishna, coming originally from the Hindu fold, though a Hindu, claims to be something more at the same time. As a follower of Shri Ramkrishna's Religion Universal, alongwith the Vedas, he accepts also the Holy koran, the Holy Bible and all other religious scriptures to be true. (2) Similarly, a Muslim owes allegance to islam and Islam only, believes in the infallibility of the Koran alone, and does not accept any other religion or scripture of the world to be true. But a Muslim, initiated into the religion of shri Ramkrishna. While accepting the koran to be true, also accepts all other scriptures to be true as well : while he remains faithful to his religion, he also accepts all other religions to be true. (3) Similar is the case with those of the Christian faith, who accept Shri ramakrishna's religion. Whereas a Christian does not accept any scripture other than the Bible to be true. A Christian initiated into Shri Ramakrishna's religion accepts the Bible as well as the other scriptures of the world to be true. While he remains faithful to his religion, he also accepts all other religions to be true. (4) In the same way, the followers of all other religions, when- they accept the cult or religion of Shri Ramakrishna, also believe that all religions are true. 6. IT has been stated in paragraph 10 of the affidavit-in-opposition that initiated by shri Ramakrishna himself at cossipore in 1886, a monastery of the ramkrishna order was established at baranagar in the same year. This monastery named Ramkrishna Math, was shifted in 1898 to its present site at Belur (P. O. Belur Math. P. S. Bally, Dt. Howrah. West Bengali, and has since been widely known as the Belur Math. A trust was created, in respect of the Belur math by Swami Vevekananda on 30th january, 1901 by a "debutter Deed and declaration of Trust", now known as the Trust Deed of the Belur Math, herein after referred -to as the said Trust deed. Howrah. West Bengali, and has since been widely known as the Belur Math. A trust was created, in respect of the Belur math by Swami Vevekananda on 30th january, 1901 by a "debutter Deed and declaration of Trust", now known as the Trust Deed of the Belur Math, herein after referred -to as the said Trust deed. The provisions of the said Trust deed of the Belur Math, are among others as follows :- (1) It recites - (i) That the Belur Math Trust property was purchased by Swami vivekananda "with a view to secure a permanent location for the emblem and relics of his Guru the said thakur Paramhansa Ramakrishna".- (ii) That the same should be well and effectually settled "for the service and use and benefit of said thakur. " v (2) The Trust objects amongst others, are - (i) to make provision, (a) "for the carrying on and performance of the daily and periodical sheba and worship of'the said thakur. . . . . . . . . . . . for the feeding and clothing and maintenance and support of the Disciples or Chellas of the said Thakur"; (b) "for the propagation, advancement and furtherance of the cult of the said Thakur", and; (c) for establishing a Guest House "for the accommodation and entertainment of Sanyasis and religious devotees visiting the said Math", and also; (ii) to make provision out of the trust Fund "for the accommodation and entertainment of the Sanyasis, and religious devotees resorting to the said Guest House". (3) The Deed empowers the Trustees. (i) to "recognize any Sanyasi professing 4he religion preached by Ramkri-shna as a -Disciple of Chella of the said thakur. . . . . . (ii) to admit at their discretion "any sanyasi or religious devotee into the said Math", (iii) to "have such celebrations in connection with the said Thakur. . . . . . as they may deem proper", (iv) "to regulate how the cult of the said Thakur is to be performed and worked and all matters connection therewith", and also,. . (v) "to do and perform all acts matters and things for the promotion of the objects and principles of the cult of the said Thakur. . . . . . . . . . . . . (v) "to do and perform all acts matters and things for the promotion of the objects and principles of the cult of the said Thakur. . . . . . . . . . . . (4) It specifically enjoins -"that in as much as it would be doing violence to the religion of Ramkri-shna to preach against any other religion or sect the Trustees shall be bound to see that no such. preaching on the part of the said Disciples orj Chellas or otherwise upon the Debuttor property is attempted or permitted". The said Ramkrishna Math grew into the well-known monastic organisation, the Ramkrishna Math Organisation hereinafter referred to as the Ramkrishna Math, with Belur Matv, as its Headouarters n-nd. with branch centres all over India. 7. THE Rule and regulations of the Ramakrishna Math Organisation is annexed as Annexure 'b' to teh affideavit in opposition. The relevant excepts from the said Rules and Regulations of the ramakrishna Math are, quoted herein-below :- (a) Object Of the. Organisation : (i) "the Ramakrishna Math, otherwise called the Belur Math, is an institution of Sanyasins, established to help individuals to work out their own liberation and also to train them to serve the world in every possible way, along the lines laid down by Bhagavan Sri Ramkrishna" (Rule 1). (ii) "the activities of the Ramkrishna Math, Belur, otherwise called the belur Math, and other Maths associated with it and forming branch Maths or ashramas and the various centres of work shall be confined to the promotion of the objects and principles of the cult or religion of Sri Ramkrishna Paramahansa, and to the propagation, advancement and furtherance of the same through publication of books, magazines etc., and establishment of temples, prayer halls, educational, cultural and charitable institutions of various types, as also other forms of preaching and seva, which all shall be conducted along the lines of-universal principles taught by Sri Ramkrishna and exemplified by his life" (Rule 2). (b) Members and Associates. : sannyasins and Brahmcbarines professing the religion of Sri Ramkrishna and recognised as such by its authorities are members and associates. (2) Besides, there is a body of religious devotees, consisting of lay devotees of Sri Ramkrisbana, who are duly registared at the Headquarters of the said "organisation". 8. (b) Members and Associates. : sannyasins and Brahmcbarines professing the religion of Sri Ramkrishna and recognised as such by its authorities are members and associates. (2) Besides, there is a body of religious devotees, consisting of lay devotees of Sri Ramkrisbana, who are duly registared at the Headquarters of the said "organisation". 8. IN 1897, Swami Vivakananda founded an association of the followers of Shri Ramkrishna, both lay and monastic-and named it "the Ramkrishna. Mission Association". In 1909 this Association was registered under the Societies registration Act 1890 (Act XXI of 1860), under the name "the Ramkrishna Mission, "with the Headquarters at Belur, p. 0. Belur Math, Dist. Howrah. The Ramkrishna Mission is also deemed to be registered under the West Bengal Societies Registration Act, 1961 (West Bengal Act XXVI of 1961). A printed copy of the Memorandum of Association and Rules and Regulations of the ramkrishna Mission hereinafter referred to as the said Mission is annexe as annexure 'c' to the affidavit-in-opposition. It has been stated in paragraph 14 of the said affidavit that the principle object of the Ramkrishna Mission as stated under Article 2 (a) of its Memoranturn of Association is as follows :- "to impart and promote the study of the Vedanta and its principles as propounded by Sri Ramkrishna and practically illustrated by his own life and of comparative Theology in its widest form. The Vedanta preached and practised by Shri Ramkrishna has its own uniqueness, and is distinct from the Vedanta propounded by traditional. . . . . . exponents. While accepting all the interpretation given by the, exponents, Shri Ramkrishna harmonised them all, and proclaimed that service to man seeing God in him is veritable worship of God. The said Rules and Regulations of the Ramkrishna Mission hereinafter referred to as the said Rules of the Mission provide as follows :- (1) "all followers whether lay or monastic of the Paramahansa Ramkrishna may be members of the Association if elected at meeting of the Association or nominated by the Governing Body. . . (Vide Rule 2 (a). (2) Every intending members lay ormonastic shall sign the following Declaration Form : (i) I look upon Shri Ramkrishna as an illustration and embodiment of the religion, Eternal, whose life and teaching help one to understand the plan and purpose of all the religions of the world and their underlying truth and harmony. . . (Vide Rule 2 (a). (2) Every intending members lay ormonastic shall sign the following Declaration Form : (i) I look upon Shri Ramkrishna as an illustration and embodiment of the religion, Eternal, whose life and teaching help one to understand the plan and purpose of all the religions of the world and their underlying truth and harmony. (ii) I look upon all religions as paths to God, and shall try to live in peace and fellowship with the followers of all religions. (iii) I have full sympathy with all the objects of the Ramkrishna Mission as set forth in the Memorandum of Association, and I will actively co-operative with the work of the Mission Rule 2 (b). 9. IT has been stated that the Ramkrishna mission were founded with the object of enabling all, irrespective of caste, colour, creed, language, or nationality, to practise the religion of Shri ramkrishna in their own life, and also to propagate the same amongst all others in the world. It has been further stated that the members, associates, and registered devotees of the Ramkrishna math and the members and the associates of the Ramkrishna Mission layormonastic belong to different religion and to various denominations or sections thereof and vet not exclusively to any one of them. As such, the members, associate and registered devotees of the Ramkrishna Math and the members and associates of the Ramkrishna Mission lay or monastic constitute a unique non-sectarin sect, with a specific distinctiveness of its own, distinguishing itself from all others, including traditional Hinduism, or from all denominations thereunder or sections thereof. In other words, the Ramkrishna Math and/or the Ramkrishna Mission are essentially religious-cum-charitable institutions, fully dedicated, as a matter or religious creed, to the service of humanity at large, irrespective of caste, colour creed, language or nationality, serving man, particularly the poor, the afflicted, the neglected and the down trodden, as veritable manifestations of God. The doctrine that selfless service to man in a spirit of worship, looking upon man as the veritable manifestation of god, is a means to attain ones spiritual goal, is an article of faith and also a matter of regular religious practice with members, associates and registered devotees of the Ramkrishna Math, and the members and associates of the Ramkrishna Mission lay or monastic. It has been stated in paragraph 18 that being inspired by the said spiritual ideal of serving God in man, as preached by Shri ramkrishna, the Ramkrishna Math and the Ramkrishna Mission have since their inception been engaged in various charitable and social service activites. With a view to implementing Swami vivekananda's Scheme for imparting "manmaking" education to the younger generation in India, these two organisations have been established and have been maintaining, and administering a net work of educational institution all over India, which are oen to all student without any distinction of caste, creed, language etc. To the members, associates ana me registered devotees of the kamknshna Main and the members and associates oi the Ramkrishna Mission both lay and monastic the establishment, maintenance ana administration- of these educational and other social service institutions is a religious practice, an act of-worship of God, and not merely a social or mundane affair. It has been further stated in paragraph 19 that the followers of the cult or religion of Shri ramkrishna legitimately claim to be members of a Universal Religion, numerically they are in minority today everywhere. The total number of persons who sincerely believe in and practise the cult of religion of Shri Ramkrishna constitute in fact a very small percentage for less than fifty percent, of the total population in India or in any of its States. Therefore, they undoubtedly constitute a religious minority in India or in any of its States, within the meaning of Article 30 of the Constitution of India. It has been stated in paragraph 21 of the said affidavit that the Ramkrishna Math as well as the Ramkrishna Mission is also a Religious denomination under Article 26 of the Constitution, apart from its being a religious minority institution under Article 30 of the Constitution of India. These two alied organisations also constitutes a distinct religious sect or body having a common faith, namely, the cult or religion of Sri Ramkrishna and a common organisation designated by a distinctive name and representing a distinct sect of body consisting of the followers of Shri Ramkrishna. Just like Udipi Maths founded by Shri Madhwacharya, the Ramkrishna mission and the Ramkrishna Math with some of their branches were founded by swami Vivekananda to enable the chellas and disciples of Shri Ramkrishna to practise, promote and propagate the cultor religion of Shri Ramkrishna. Just like Udipi Maths founded by Shri Madhwacharya, the Ramkrishna mission and the Ramkrishna Math with some of their branches were founded by swami Vivekananda to enable the chellas and disciples of Shri Ramkrishna to practise, promote and propagate the cultor religion of Shri Ramkrishna. So, besides being members of a minority community cased on religion, the followers of Shri Ramkrishna undoubtedly constitute a rengious denomination as "well as do the followers of Shri Ramkrishna ana Shri Madhwacharya and other religious teachers, it has been stated and contended in paragraph 24 that the 'educational institutions have been established and have since been managed administered and maintained by the Ramkrishna Mission including the Vivekananda Centenary College at Rahara are institutions for religious and/or charitable purposes within the meaning of article 26 of the Constitution, and that the said Mission has the unfettered right to maintain, including the right to manage and administer the said College. As an essential ingredient of the said right under Article 26 of the Constitution, the said Mission had and has the right to constitute the Governing Body, and to select and appoint members thereof, as also teachers, including the Principal, for the said College, according" to its own choice. This right is independent of and separate from the right under Article 30 of the Constitution which the Ramkrishna Mission also enjoys. It has also submitted therein that any executive or administrative act on the part of the state Government, and any legislation in violation or derogation of the aforesaid rights, would be a breach of Articles 26 and 30 X the Constitution, and as such, unconstitutional and bad in law. It has also been stated that the Ramkrishna Mission Boys' Home, rahara, is a branch centre of the Ramkrishna Mission, in terms of Rule 26 of the said rules of the Mission (Annexure 'c' hereto)and it was started in 1944 as an orphanage with 37 orpnan boys. It has also been stated that the Ramkrishna Mission Boys' Home, rahara, is a branch centre of the Ramkrishna Mission, in terms of Rule 26 of the said rules of the Mission (Annexure 'c' hereto)and it was started in 1944 as an orphanage with 37 orpnan boys. The said Boys has now developed into an educational comlex catering to the needs or not less than 3,690 students through 19 institutions run under its auspices, the colledge was established by the Ramkrisnna mission in 1963, as a "specially sponsored College" with a special constitution, pursuant to an agreement with the Government of India, hereinafter referred to as the Union Government and the Government of West Bengal hereinafter referred to as the State Government, on the one hand and the Ramkrishna Mission, hereinafter referred to as the said Mission, on the other. It has been denied that the petitioners have any locus standi to make the instant application. It has also been stated that the said application is misconceived and-is not maintainable in law. It has also been stated that the petitioners have been systematically and continuously acting against the interest of the College and also of the students of the College. It has been stated in paragraph 29 that the College was established by Ranikrishna mission pursuant to mutual agreement made between the said Mission authorities on the one hand and the Union Government in its Rehabilitation Department and the State Government in the Education Department on the other, as specially sponsored College with a special constitution for its governing body with a special rights sanctioned and/or recognised and/or accepted by the State Government and the University of Calcutta. This will be evident from the letters dated 19th July, 1961 and 25th April, 1962 annexed as Annexures 'e' respectively to the affidavit-in-opposition. 10. AN affidavit-in-counter sworn by suvraanasu Ghosh, Deputy Secretary, education Department on behalf of respondent nos. 1 and 2 has been tiled. It has been stated therein that pursuant to the general policy adopted by the Government of India and the State Government for the advancement of Collegiate education a proposal was approved for setting up of a degree college mainly for the benefit of the displaced students from East Pakistan ' under the auspices of the. ttamkrishna Mission Boys' Home, rahara. It has been stated therein that pursuant to the general policy adopted by the Government of India and the State Government for the advancement of Collegiate education a proposal was approved for setting up of a degree college mainly for the benefit of the displaced students from East Pakistan ' under the auspices of the. ttamkrishna Mission Boys' Home, rahara. The site of the College was given by the Boys' Home, and out of estimated amount of 7 lakhs for construction of college building the Central Government paid Rs. 2 lakhs and the balance was provided by the State Government. The college has been started as a sponsored Government College and it is governed by the guideline for the sponsored College except to the limit as provided in the special constitution in the order by Government in 1969. It has been averred that the West Bengal College teachers (Security of Service) Act, 1975 including the College Service Commission Act, 1978 are applicable to the college, The said, college it has been Stated, does not come within the purview of article 26 and 30 of the constitution of India. The Governing Body of the College has been reconstituted according to the direction of the Government in the manner provided in rules for Constitution of Governing Body of Sponsored Colleges. The Colleges was not established or maintained for religious purposes. No element of Charity can be found for which it can be said to be established for charitable purposes. All other statements and allegations being not relevant are not stated herein. A similar affidavait-in-counter sworn by Pradip Kumar Ghose, Registrar, calcutta University the respondent No. 3 has been filed. in the said affidavit simuar statement as in the affidavit of respondent Nos. 1 and 2 have been made and as such it is not necessary to refferate the same. " 11. A rejoinder sworn by Swami Ramananda, secretary of the Governing body of Ramkrishna Mission Vivekananda-Centenary College at Ranara on behalf of respondent NOS. in the said affidavit simuar statement as in the affidavit of respondent Nos. 1 and 2 have been made and as such it is not necessary to refferate the same. " 11. A rejoinder sworn by Swami Ramananda, secretary of the Governing body of Ramkrishna Mission Vivekananda-Centenary College at Ranara on behalf of respondent NOS. 5 to 11 and 14 has been made in paragraph 5 or the said affidavit it has been averred that, the said college was established by Ram Krishna mission pursuant to me agreement entered into between the authority at the Mission on the one hand, and the Union Government in its Rehabition department on me other, as a specially sponsored College, with a special constitution for its Governing Body with its special rights mentioned and recognised and/or accepted by the State government and the University of Calcutta. It has been stated in paragraph 9 of the said affidavit that the said college is immune from the West Bengal College - Teachers Service. Commission Act, 1978. Other statement made therein being not relevant for determination of his application are not referred to herein. 12. MR. Bhunia, learned Advocate, appearing on behalf of the petitioners has submitted that the Ramkrishna Mission. Vivekananda Centenary College, rahara, is a Government-Sponsored College and its Governing. Body has to be reconstituted like, other Sponsored College in terms of the rules framed laying down the standard pattern of. constitution re-constitution of Governing Bodies of Government-Sponsored-Colleges. It has been further submitted that the said college cannot claim any special constitution in regard to the constitution or the Governing Body the said. correge as the successive Governing bodies of the said correge was formed in accordance which me rules for formation on the governing Body or sponsored College by executive order or the government made under Article 166 of the Constitution of India. The Governing Body being last reconsntituted in 1975 for a period or three years is no longer competent to run the administration of the said college as us me expired long before and appropriate steps should be taken by the Government for reconstiution or the governing Body of the said College immediately. The Governing Body being last reconsntituted in 1975 for a period or three years is no longer competent to run the administration of the said college as us me expired long before and appropriate steps should be taken by the Government for reconstiution or the governing Body of the said College immediately. It has been next submitted that the said college being affiliated by the calcutta University, the West Bengal college Teachers (Security of Service)Act, 1975 and the College Service Commission Act, 1978 apply to the teachers of the said college including its Principal and Vice-Principal in regard to the mode of appointment as well as to the terms and conditions of service after-such appointment. The said college cannot claim immunity from the provisions of the said enactments as it is not a college established and administered by ramkrishna Mission nor by any Trust, it is a Government-Sppnsored-College established on the land acquired-by-Ramkrishna Mission Boys' Home at Rahara with funds granted by the Central Government from the Refugee Rehabilitation Department as well as by the State government in order to facilitate and promote college education amongst regugee students. 13. IT has also been submitted that ramkrishna Mission is not a sector a religious denomination different from hindu religion within the meaning of article 26 of the Constitution of India and so it cannot claim the benefit of the fundamental right guaranteed by that Article. Even assuming for argument's sake but not accepting that the members or ramkrishna Mission or for that or the ramkrishna order is a rengerous denomination or a sect still then the right to establish and maintain educational institutions for religion and charitable purposes does not include the right to establish and maintain eaucational institutions such as school and colleges for imparting general education. The said college is not entitled to claim the fundamental right to maintain it in the manner the Ramkrishna mission thinks best and this college is not established solely for imparting religious instructions nor it is for charitable purposes as fees are realised from the students reading therein. Some decision have been cited at the Bar in this connection. 14. IT has also been contended in this connection that only the linguistic and religious minorities have been conferred the fundamental right to establish and administer educational institutions of their choice by Article 30 (1) of the constitution of India. Some decision have been cited at the Bar in this connection. 14. IT has also been contended in this connection that only the linguistic and religious minorities have been conferred the fundamental right to establish and administer educational institutions of their choice by Article 30 (1) of the constitution of India. Thakur Sri Sri ramkrishna did not profess or preach any religion. He Was a Hindu which religion he never gave up by prosetytisation. He merely explained "vedanta in his own simple language and he propagated Neo adityavad treating all beings as God and preaching the cult of service not on compassionate ground but treating 'jiba as Shiva' i.e. God and discarding any sort of sectarianism. This is nothing but a philosophy based on the Jaha Kanda of Veda i.e. Upanishads and not a religion different from Hindu religion. So ramkrishnaism or the cult of Thakur Sri Sri Ramkrishna is not a religion but a mere philosophy. It cannot be termed as a minority religion different from hindu religion. Article 30 of the Constitution of India does not apply to this college and it cannot claim any right to administer the college in the way the governing Body of the College or for that the Ramkrishna Mission thinks fit and proper for the promotion of their interest. 2 Mr. Saktinath Mukherjee, learned advocate, appearing on behalf of the respondent Nos. 5 to 11 and 14 has Submitted that the followers of the cult of shri Ramkrishna or in other words of the teachings of Shri Ramkrishna constitute a minority based on religion within the meaning of Article 30 of the constitution and so they are entitled to the fundamental right guaranteed by the said article in the matter of administering the educational institutions established by the Ramkrishna Mission. It has been contended in this connection that the preaching of Thakur Sri Ramkrishna is Neo adityavad based on the Vedanta. He discovered the basic unity in the religious diversities. The basic tent of his practical spiritualism is- 'jiva Shiva' concept that is, to see God in the person served and service to all beings to be made not out of mercy or compassion but looking upon them as divine or as sparks thereof. He discovered the basic unity in the religious diversities. The basic tent of his practical spiritualism is- 'jiva Shiva' concept that is, to see God in the person served and service to all beings to be made not out of mercy or compassion but looking upon them as divine or as sparks thereof. This religion is different from Hindu religion, ramkrishnaism does not advocate prosetytisation to enter into the Ramkrishna order or to be a follower of the teachings or cult of Thakur Sri Ramkrishna Paramahangsa dev nor does it support the four Barnas or Castes Which is the characteristic feature of Hindu religion. The Ramkrishna mission Vivekananda Centenary college having been established by Ramkrishna mission and the said college being administered all along by the Governing Body constituted by the Ramkrishna Mission according to special Constitution the Mission has the fundamental right to constitute or reconstitute the governing Body of the said College and to run the administration of the College. 15. IT has been also contended by Mr. Mukherjee, learned Advocate that the members of Ramkrishna Mission and the followers of the teachings of Sri Ramkrishna is a religions denomination or a sect within the meaning of Article 26 of the Constitution of India and so they have the fundamental right to maintain the said College also. 16. MR. Dipankar Gupta, learned Advocate appearing for the said respondent nos. 5 to 11 and 14 further contended that the establishment of Schools, Colleges, i.e. the educational institution which is a part of the religion of Ramkrishnaism, that is, service to man treating him as divine i. e. Shiva comes within the purview of charitable purpose envisaged in Article 26 of the Constitution of India. The Ramkrishna Mission has the fundamental right to maintain the said College and the State cannot direct the constitution or reconstitution of the governing Body of the said college according to the standard pattern laid down by the Government cannot interfere with the running of the administration of the said College by the Mission. The Ramkrishna Mission has the fundamental right to maintain the said College and the State cannot direct the constitution or reconstitution of the governing Body of the said college according to the standard pattern laid down by the Government cannot interfere with the running of the administration of the said College by the Mission. It has also been submitted in this connection that the West Bengal College teachers (Security of Service) Act, 1975 and the College Service Commission Act, 1978 are not applicable to this College as it is entitled to the fundamental rights guaranteed by Articles 26 and 30 of the Constitution of India which provides it clear terms that any educational institution established by religious denomination or by a religious minority be maintained or administered by it. 17. MR. Gupta lastly contended that there is no averment in the petition regarding mal-admlnistration by the Governing Body nor there Is any averment that respondent no. 14 who has been appointed by the ramkrishna Mission as Principal is unsuitable for the said post. Secondly mal-administration has to be alleged by the State before interfering with the management by the mission. But the State has not made any such allegation. Even if there is maladministration interference is to be confined only to that maladministration but does not justify applicability of a general statute to a College. 18. MR. N. K. Roy, learned Advocate for the respondent No. 3, University of Calcutta submitted that the College was not established by the Mission with its own money. The Mission merely donated the land where the building of the said College stnod, but the ent're money spent for the construction of the building was given as grant by the central Government as well as the State government. As a donor the Mission has not the right to administer the said College. Though the proposal of a special constitution with 5 out of 7 members to be nominated by ramkrishna Mission shows that the Mission is the Controlling Authority upon whom the administration of the college is vested but in reality the subsequent governing Bodies of the said College have been constituted by the State of West Bengal wherein the representatives of the mission were much less than what was suggested in the proposal for a special constitution under Article 166 of the Constitution. This shows that the overall control of the administration of the said College vested in the State of West Bengal which has the absolute right to constitute the governing Body of the college which is a Government Sponsored-College. This college has not been established by a religious minority i.e. Ramkrishna Mission and it is not entitled to the benefit of the Articles 26 and 30 of the Constitution of India. Moreover, Thakur Sri Ramkrishna did not preach any religion different from Hindu religion and as such the followers of the cult of Ramkrishna do not constitute a religious minority falling within Article 30, of the Constitution of India. The University authorities have every right to enforce the calcutta University Act, 1979 and the statutes and Regulations framed thereunder regarding the constitution of the Governing body of this College. The West Bengal college Teachers (Security of Service) Act, 1975 and the College Service Commission act, 1978 apply to this College. The first point that requires to be determined is whether the followers of the cult of Thakur Sri Ramkrishna or in other works, the members of the Ramkrishna mission do form or constitute a religious denomination or any section thereof having the light to establish and maintain institutions for religious and charitable purposes within the meaning of Article 26 of the constitution of India. The word 'denomination' according to Websters Seventh new Collegiate Dictionary means 'name' designation, a general name for a category, a religious organisation uniting in a single legal and administrative body a number of local congregations. The word 'denomination' according to Chamber's Twentieth century Dictionary means a collection of individuals called by the same name, a sect. In pocket Oxford Dictionary edited in 1934 the meaning of the word 'denomination is given as a name specially one of the kind applicable to any individual of a class, a distinctively named church or sect. The work 'denomination' as used in Article 26 of the Constitution refers to the members of a particulars religious organisation or a sector even any section thereof. The work 'denomination' as used in Article 26 of the Constitution refers to the members of a particulars religious organisation or a sector even any section thereof. In the case of (1) Madras v. Sri Lakshmindar thirtha Swamiar of Shifur Math AIR 1954 sc 282 , para 15 at 289, the Commissioner, hindu Religious Endowment, it has been observed by B. K, Mukherjee, J. who spoke for the Supreme Court that the word denomination' has been defined in the oxford Dictionary to mean a collection of individuals'classed together under the same name; a religious sect or body having a common faith and organisation and desiginated by a distinctive name. The practice of setting up Maths and centres of theosophical teaching was started by Sankaracharya and was followed by various teachers since then. After Sankara, came a galaxy of religious teachers and philosophers who founded the different sects and sub-sects of the Hindu religion. Each one of such sects or sub -sects can be called a denomination as it is designated by a distinctive name in many cases it is the name of the founder, and has a common faith and common spiritual organisation. The followers of Ramanuja who are known by the name of Sri Vaishnabas, constitute a religious denomination and so do the followers of Maddnwacharya and other religious teachers. Further Article 26 contemplates not only religious denomination but also a section thereof, the Math or the spiritual fraternity represented by it can legitimately come within the purview of this Article. 19. IT has been further observed in the said case by the Supreme Court that "the word Religion as used in article 26 of the constitution is a matter of faith with individuals or communities and it is not necessarily theistic. There are well known religions in India like buddhism and Jainism which do not believe in God or in any intelligent First Cause. A religion has undoubtedly its basis in a system of beliefs or doctrines which are regarded by those who professed that religion as conductive to their spiritual well-being, but it will not be correct to say that religion is nothing else but a doctrine or beliefs. A religion may not only lay down a code of ethical rules for its followers to accept. A religion may not only lay down a code of ethical rules for its followers to accept. It might prescribe rituals and observances, ceremonies ahd modes of worship which are regarded as integral parts of religion, and these forms and observances might extend even to matters of food and dress. " 20. THE guarantee under Article 25 of the constitution not only protect the freedom of religious opinion but it protects also acts done in pursuance-of a religion and this is made clear by the use of the expression practice of religion (para 17 at page 290 ). The above observations of mukherjee, J. was followed in the case of (2) Shri Venkataramana Davaru v. State of mysore, AIR 1958 SC 255 at Page 264 para 16 and wherein Venkataramana Aiyer, j. held that the words "matters of religion as used in Article 26 (b) of the Constitution of India embraced not merely matters of doctrine and belief pertaining to the religion but also the practice of it, or to put it, in terms of Hindu theology, not merely its ghana but also its Bhaktis and Karmakandas. Thus the matters of religion in Article 26 (b) include even practices which are regarded by the community as part to Its religion. 21. THE decision in Durgah Committee v. Hossain Ali, AIR 1954 SC 282 has been followed in the case of in dealing with scope of Article 26 of the Constitution i. e. the meaning of the word "denomination" as well as of the expression "matters of the religion". 22. MISRA, J. who spoke for the Supreme court in the case of (3) S. P. Mittal v. Union of India, AIR 1983 SC 1 at page 20 paras 77-78 in dealing with the Article 26 (b) of the Constitution relied upon the decision in AIR 1954 SC 282 (supra) and observed that the said expression must satisfy three conditions : 1. It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conductive to their spiritual well-being, that is,a common faith; 2. Common organisation ; 3. Designation by a distinctive name. It must be a collection of individuals who have a system of beliefs or doctrines which they regard as conductive to their spiritual well-being, that is,a common faith; 2. Common organisation ; 3. Designation by a distinctive name. The members of the Ramkrishna mission who believe in 'jiva Shiva'doctrine and that all the religions are but different paths to reach God I. e. to attain salvation and that no religion should be looked down upon as inferior to one's own religion is a religious denomination and/or a section thereof. The Ramkrishna Mission and the belur Math is a common organisation and it worships Thakur Sri Ramkrishna as God. The name of this common organisation is ramkrishna Mission. So all the aforesaid three conditions are satisfied and this organisation is religious denomination within the meaning of Article 26 of the Constitution of India and as such it has the fundamental right to establish and maintain institutions for religious and charitable purposes. Moreover, the Ramkrishna Mission has also the fundamental right to manage its own affairs in matters of religion. 23. THE Ramkrishna Mission as a religious denomination or a sect has the fundamental right under Article 26 (a) of the Constitution to establish and maintain not only institutions for religious purposes but also institutions for charitable purposes. It Is necessary to consider whether educational institutions like schools and colleges for imparting teaching not only in religious tenets, ceremonials and dogmas o. ut also in general education can be regarded as institutions established for charitable purpose as provided in Article 26 (a) of the constitution and as such the religious denomination, i.e. in the instant case the Ramkrishna mission, has the exclusive fundamental right to maintain them which includes also administration of the institution by the ramkrishna Mission i e. the Vivekananda centenary College free from any interference either by the State of West Bengal or by University of Calcutta except conforming to the regulatory measures, i. e. the curriculum of studies prescribed by the University to which the said college'is affiliated and the qualifications of teachers including principal to be appointed in the said college by the Governing body of the said College. In Halsbury's laws of England 4th Edition, volume V Article 522 it has been mentioned that the advancement and propagation of education and learning are charitable purposes, even in the absence of element of poverty in the class of beneficiaries, but the trust must be for the benefit of a sufficient section of the community. 24. CHARITY has been given a liberal construction by the Courts provided that the necessary element of public benefit is reflected in the gift through the advancement or furtherance of some educational purpose. Gifts for the support of Schools, Colleges and other educational establishments or for their foundation, whether generally or in particular are charitable (vide O. P. Aggarwala's "the Indian Trusts Act, 1933", 7th edition Page 30). In Income Tax Act, 1961 (Act 43 of 1961) section 2 (15)defines charitable purpose as including within it amongst other "education". So it is clear and apparent that establishment of schools and colleges for the advancement of or furtherance of educational purpose falls within the expression, "charitable purposes" as envisaged in Article 26 (a) of the Constitution. The ramkrishna Mission as a denomination or sect, therefore, has the fundamental right to establish and maintain such educational institutions. It has been contended by Mr. Bhunia, learned advocate appearing on behalf of the petitioners, that the expression "charitable purpose", as used in Article 26 (a) of the Constitution cannot be so interpreted as the expression religions and charitable purposes are to be read coniunctivelv and not disuncively. It is pertinent to refer in this connection to the observations of saha, J. who sopke for the Supreme court in the case of (4) Siaharjbhai v. State of Gujarat, AIR 1963 SC 540 at page 544 para a that Article 26 occurs in a group with freedom of religion and is intended, to protect the right to manage religious affairs. By clause (a) of Article 26 every religious denomination or any section thereof has subject to public order, " morality and health, the right to establish and maintain institutions tor religious and charitable purposes, and in a larger sense an educational institution may be regarded as charitable. In the case of (5) Azeez Basha v. Union of India, AIR 1968 SC 662 at 674; para 30, a question was raised whether article 26 would take within its sweep educational institutions on the ground, that such institutions are institutions for charitable purposes. In the case of (5) Azeez Basha v. Union of India, AIR 1968 SC 662 at 674; para 30, a question was raised whether article 26 would take within its sweep educational institutions on the ground, that such institutions are institutions for charitable purposes. It was contended that Article 26 will not apply to educational institutions as there was specific provision in Article 30 (1) with respect, to educational institutions and therefore institutions for charitable purposes in clause (a) of Article 26 refer to institutions other than educational ones. This question however was left undecided in the said case as the provisions of article 30 (1) of the Constitution also was held not applicable to Aligarh Muslim University as the University was: not established by Muslims who were members of a minority religion and the; and the said University was established, by the Aligarh University Act enacted by the Central Legislature. 25. MR. Bhunia, learned Advocate for the petitioner, urged before this Court; that the fundamenal rights under Article 26 (1) (a) and Article 26 (1) (b) are distinct and separate. It has- been submitted that educational institutions falling within Article 26 (1) (a) refer only to religious ana charitable insututions ana not an eaucational institution imparting general education as such institutions are covered by the provisions of article 50 (1) of the Constitution, it was not the intention of the framers of the Constitutions to cover the same subject by two articles. It has been, therefore, urged that education covered by article 26 (1) (a) (b) refers only to religious instructions and not secular education. It has been further urged that as there is specific provisions in Article 30 (1) (a) confering fundamental right on the religious and linguistic minorities to establish and administer educational institutions of their choice, charitable institutions as referred to in Article 26 (1) (a) cannot embrace within its fold institutions for general secular education on the ground that the special provision repealed and excluded the- general provision. Moreover, it has been submitted that if educational institutions other than institution imptrting religious instructions are meant to be included in article 26 (1) (a) then there will be a violation of Article 28 for the Government cannot give grants to such an institution practising a particular religion. Moreover, it has been submitted that if educational institutions other than institution imptrting religious instructions are meant to be included in article 26 (1) (a) then there will be a violation of Article 28 for the Government cannot give grants to such an institution practising a particular religion. It has been further submitted that even if educational institutions come within the sweep of Article 26 (1) (a), the said college cannot be treated as one for charitable purposes as monthly fees are charged from the students reading in the said College. Certain decisions has been cited at the Bar. 26. ON a consideration of the meaning of the expression charitable purposes as given in Halsbury's laws of England as well as in Aggarwalla's book on Indian trust Act and in various Acts it is quite clear that the educational institutions founded by a trust or mission or rengerous denomination or a section theror come within the preview of charitable purposes. This has also been observed by the Supreme court in the decision of 1963 SC 540,through,of course, this issue was not finally decided in that case. It was urged that Article 26 would not apply to educational institions in support of this Submission that institutions for charitable purposes as mentioned in Article 26 (1) of its fold educational institutions imparting general secular instructions apart from religious instructions as Article 30 the Constitution do not include within clearly provided for that the decision in ilr (1976) 2 Delhi 61 was referred to. In that case similar question arose for decision. It was held that educational institutions might be of two kinds, (1) institutions visualised by Article 30 (1)and (2) institutions for purely religious purpose but will not include an institution for general education. The reasons for such view were given as follows :- "(a) It is only the autonomy of minorities based on religion or language which had to be protected in respect of educational institutions of their choice. Hence Article 30 (1) no such autonomy was ever intended to be given to minority educational institutions. This clear from tne proceedings of the Constituent -Assembly : (2) 'me expression "religious denomination under Article 26 (a) includes not only the minorities but even tne majority community. Hence Article 30 (1) no such autonomy was ever intended to be given to minority educational institutions. This clear from tne proceedings of the Constituent -Assembly : (2) 'me expression "religious denomination under Article 26 (a) includes not only the minorities but even tne majority community. If institutions of general education were to, be included in the expression intitutions for religious and charitable purposes then,the members of the majority as well as of a minority community would both have the fundamental right to establish and maintain autonomous institutions of general education under Article 26 (a)which is not the case here. That would make Article 30 (1) redundant". It was, therefore, held that the arya Samaj being not a minority based on religion and/or language in Delhi was not entitled to claim the protection of Article 30 (1) in respect of school for general education established and administered by them. It was further held that these Schools were outside the purview of Article 26 (a) of the Constitution. I agree with the above observations of the Delhi High Court on the ground that though the words Charitable purposes do refer to education and educationa1 institutions do come within the sweep of Article 26 (a) of the Constitutions. Yet Article 26 (a) refers to the right of religious denomination to establish and maintain institutions for rellgious and charitable purposes. These, words, institution for religious and charitable purposes are to be read together and so read the institution for charitable purposes mean educational institutions imparting religious instructions and not imparting general secular education which falls within Article 30 (1) of Constitution. 27. THE observations of the Delhi High court that unlike Article 30 (1) of the constitution no autonomy was ever intended, to be given to non-minority; educational insututions and Article 26 (a)only is confined to institutions for rengious purposes that is imparting religious instructions and not imparting teaching in general education is in my view a correct and proper interpretation of the provisions of Article 26 of Constitution. 28. IT is pertinent to mention in this connection that observations of S. R. Das, C. J. who spoke for the Supreme court in regard to the ambit of Article 30 (1) of the Constitution in AIR 1958 sc 976 and 978 to 79 para 23. 28. IT is pertinent to mention in this connection that observations of S. R. Das, C. J. who spoke for the Supreme court in regard to the ambit of Article 30 (1) of the Constitution in AIR 1958 sc 976 and 978 to 79 para 23. It has been observed :- The first point to note is that the article gives certain reghts not only to religious minorities but also to linguistic minorities. In the next place, the right conferred on such minorities is to establish educational institutions of their choice. It does not say that minorities based on religion is to establish educational institutions for teaching religion only, that linguistic minorities should have the right to establish, educational institutions for teaching their language only. What the article says and means is that the religious and linguistic minorities should have the right to establish educational institutions of their choice. There is no limitation placed on the subjects to be taught in such. educational institutions. This has been followed in the case of (6) The State of Kerala v. Very revernd Mother Provincial, - AIR 1974 sc 1389 . 29. FURTHER the argument that if it is intended that educational institutions for imparting general secular education will come within the sweep of Article 28 (a), then the grants out of State-rund could not be given to such institutions established by the religious denomination on or any section thereof. This submission is, in my opinion, based on a mis conception or the scope or Article 28 or the constitution. Articles 28 creates a restriction to this extent that in any educational institution wholly maintained out of the State-fund reugious instructions could not be provided out there is a clause in Sub-Article (2) of the said Article which provides specically that the aforesaid restriction in Article 28 (1)thereof shall not apply to an educational institution administered by the State but which has been established either under any endowment, or trust which requires that religious instruction shall be imparted in such institution. Furthermore, clause (3) to the said Article clearly provides that any students attending any such educational institution recognised by,the State or receiving aid out of State-Funds shall not be required to take part in any religious instruction that may be imparted in such institution or to attend any religious instruction that may be imparted in such institution, or to attend any religious instruction that may be imparted, in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto without the consent of the guardian of the students if he is a minor. This very clause clearly provides that there is no bar of any institution established by a" religious denomination imparting general education to receive grantin-aid out of State-Funds. This submission is, therefore, totally devoid or any merit. 30. ON a conspectus of the above decision, i am constrained to hold that Article cre 20 (a) or the constitution conters on religion denomination or any section the-reor me right to establish an educational institutions imparting religious instructions in lurtnerance ana promotion of the tenets and dogmas of that denomination or sect. To have the benefit of the fundamental right guaranteed by Article 30 (a) or the constitution it is incumbient on the respondent Nos. 5 to 11 and 14 to prove that ramkrishna Mission Vive-kananda centenary College at Rahara has been established and maintained by the Ramkrishna Mission, a religious denomination. In paragraph 3 of the writ petition it has been stated that the said college was established by the Government of west Bengal in pursuance of a general policy adopted by the Government of India and the State Government; for the advancement of college education particularly of the students who have been displaced from East Pakistan as well as to reduce overcrowding in big colleges in Calcutta as recommended by the University Grants Commission. The cost of construction of the college building was estimated at 7. 25 lakhs of rupees which were borne by the Central government out of the funds of Refugee rehabilitation Department and by the state of West Bengal to the Director of public Instruction, West Bengal which has been annexed to the petition as Annexure 'a'. The cost of construction of the college building was estimated at 7. 25 lakhs of rupees which were borne by the Central government out of the funds of Refugee rehabilitation Department and by the state of West Bengal to the Director of public Instruction, West Bengal which has been annexed to the petition as Annexure 'a'. It has also been stated that the said college had been declared as a government Sponsered Colledge and the dericit in cost on account or its maintenance has to be met by the Government as evident from the letter dated April 25,1962 or the Deputy Secretary to the Government or West Bengal to me registrar, Calcutta University annexed as Annexure 'b' to the petition, the Governor it has pleaded therein, reconstituted the Governing Body or the said college for three years by a Notification dated February 27, 1969, which has been annexed as Annexure 'g' to the petition. By Notification dated March 13, 1972, the Governor was pleased to reconstitute the Governing Body of the said college. In reply to a query made by Prof. D. K. Chakraborty, General Secretary of the West Bengal College and University teachers' Association, the Director of public Instruction, West Bengal, intimated him by a letter dated August 11, 1975 that the Governing Body of the Vivekananda centenary College has a special Constitution (vide G. O. No. 172 edition SC dated 14.2.69). The Governing Body of the college do not have any special power on the basis on the said Government Order, but its powers and functions are the same as are exercised by any other sponsored college. The Governing Body of the said college was again reconstituted by a notification dated October 22, 1975 for a period of three years. This notifications is annexed as Annexure 'j' to the petition. It has been stated that the College is administered by the Government as a sponsored College. It has also been stated that the Inspector of college by his letter dated January 18, 1977 addressed to Principal of the college that Syndicate approved the change of name of the college as Vivekananda Centenary College and college being a Government sponsored-College would abide by the sponsored College rules as made by the government. This letter has been annexed as Annexure 'x' to the petition. This letter has been annexed as Annexure 'x' to the petition. Moreover, the Government by letter issued on 10.12.77 intimated the Director of Public Instruction, west Bengal that two teachers' representatives would henceforth be elected in the Governing Body by the whole time teachers of the college vide Annexure 'l' to the petition ). The Government by Letter no. 752-Edition (SC) dated 18th April, 1978 Intimated to Director of Public Instruction that the standard pattern for the composition of the governing Bodies of sponsored College would be as stated therein except in cases where the Colleges have a special Constitution on the basis of Trust deeds or where the colleges are rin by missionary Societies 'on the basis of agreement with the respective Mission. This letter is annexed as Annexure 'm' to the said petition. 31. IT has been urged on behalf of the petitioners that the Vivekananda Centenary college at Rahara has not been established by the Ramkrishna Mission with its own funds nor it is maintained and/or administered by a governing Body constituted by the Mission as required under Article 26 (a)of the Constitution of India. The Central government as well as the State Government provided the entire fund required for establishment ot the said collage on the land given by the Mission and the college has been affiliated to the University of calcutta as a Government-Sponsored -College. Like other Government-Sponsored colleges the State Government provides for the entire deficit of costs in meeting the emoluments of the members of the teaching and non-teaching staff of the college and the Governing Body of the said college has been formed successively from the date of affiliation of this college by the University, by the Government in exercise of its executive power under Article 166 of the Constitution of India in accordance with the rules framed by the Government for formation of Governing Bodies of Government-Sponsored-Colleges and as such the said college being neither established nor maintained nor administered by the Ramkrishna mission it is not entitled to claim the benefit of Article 26 (a) of the Constitution in the matter of constitution of its Governing Body for administering the said college. It has been further urged that even assuming for arguments sake without admitting that the said college had been established and it was administered by the Mission, but as the mission subsequently surrendered its right to administer the said college by acceding to and accepting the successive constitutions of the Governing Bodies of the said college by several Government Notification so the Mission cannot now claim the said right to administer the said college by forming the Covering Body. A decision of the Supreme Court has been cited at the bar in this connection. 32. MR. Dipankar Gupta, learned Advocate appearing with Mr. Saktinath Mukherjee, learned Advocate for the respondent Nos. 5 to 11 and 14 nas, on the other hand, joined issue and he has submitted that the mission established the college by constructing the building ot the said college on a 10. bighas pbt of land owned by the mission. The Central Government as well as the State Government have given grants for the construction of the bulding after approving of the proposal for the setting up of a three years degree college mainly for the benefit of the displaced students from East Pakistan, under the auspices of the Ramkrishna Mission boys' Home at Rahara. 'it was also agreed that the proposed college would function under the name of Ramkrishna Mission boys' Home Vivekananda Centenary college. This is evident from the letter written on October 27,1961 by the Deputy secretary to the Government of West bengal to the Director of public Instruction, west Bengal annexed as annexure 'a' to the writ petition. Mr. Gupta further submitted that in the successive Governing Body of the said college the repesentatives of the mission were in majority. The Standard pattern of governing Body of sponsored College as laid down by Government by Notification dated 18th April, 1978 being against the interest of the Mission. The same was not accepted. The Mission, on the other hand, submitted that the mission is entitled to constitute the Governing Body of the said college and to run the administration of the same in the manner the Mission thinks proper and expedient. The Government cannot interfere in this matter. 33. The same was not accepted. The Mission, on the other hand, submitted that the mission is entitled to constitute the Governing Body of the said college and to run the administration of the same in the manner the Mission thinks proper and expedient. The Government cannot interfere in this matter. 33. THE Ramkrishna Mission Vivekananda centenary College was set up by the ramkrishna Mission on the 10 bighas plot of land provided by the Mission at Rahara pursuant to the mutual agreement made between the Ramkrishna Mission on the one hand and the Union Government and. the State Government on the" other hand to give effect to a policy adopted by the union Government and the State of West bengal for the advancement of the collegiate education and to reduce rush in big colleges in Calcutta as recommended by the University Grants Commission. The said college would be run as a Government-Sponsored-College with a special constitution for its Governing Body as agreed upon and sanctioned by the State government and the University of Calcutta. This will appear from D. O. No. S-7j472 dated 19th July, 1961 written by Sri D. M. Sen, Secretary, Education Department, Government of West Bengal to 'swami Purnanda Maharaj of Ramkrishna mission Boys' Home at Rahara annexed as Annexure 'e' to the affidavit-in-opposition sworn by Swami Ramananda, secretary to the Governing Body of the ramkrishna Mission Vivekananda Centenary college at Rahara on behalf of the respondent Nos. 4 to 11 and 14 on 3rd November, 1981. It further appears from the said letter that Sri M. C. Khattna, the then Union Minister for Rehabilitaion suggested to the Chief Minister in m/s D. O. Letter No. 6 (1) 61-M (R)/546 dated 27.6.61 that he would be willing to sanction a grant of Rs. 2 lakhs for setting up of a Degree College at Ramkrishna Mission, rahara who would be providing a suitable site, provided the balance of the requirements of this college is met by the State Government. It also appears from the said letter that the chief Minister, State of West Bengal said that the State Government would be prepared to meet the balance of the requirements of a Degree College, provided an adequate site was given by the ramkrishna Mission authorities and a grant of Rs. 2 lakhs was given by the ministry of Rehabilitation, Government of India. 2 lakhs was given by the ministry of Rehabilitation, Government of India. The said college was thus established by the Mission in accordance with the Said agreement with the Union government in its Rehabilitation Department and the State Government in its education Department as a sponsored college. The said Government by "tetter mo 1429-Edn- (G) intimated the Director 40-83/62 of Public Instruction, West Bengal government that pending approval to the special Constitution of Governing Body for the college, the existing committee of the Ramkrishna Mission Boys' Home, rahara may be permitted to cary on with the works necessary for the setting up of the college until further order. This letter has been annexed as Annexure 'f' to the affidavit-in-opposition. This position will also be clear from Letter no. 3818-Edn- (G) dated 27th October, 4c-138/61 1961 sent by the Deputy Secretary to the government of West Bengal to the Director of Public Instruction, West Bengal which has been annexed as Annexure 'a' to the writ petition. 34. THE Registrar, University of Calcutta sent a letter on 29th August, 1962 being No. 4a-7c/62 to the Director of public Instruction, West Bengal forwarding an application dated 25th July, 1962 from the Secretary, Vivekanana, centenary College at Rahara for affiliation of the said college in subjects mentioned therein upto B. A, and B. Sc. (Pass and Honours) course in the three years degree course with effect from the session 1963-64. It has been further mentioned therein that the college is being inaugurated under the auspices of the ramkrishna Mission Boys' Home, Rahara and it will function as a sponsored college with financial assistance from the State Government as well as from the Ministry of the Rehabilitation of the Government of India. The Registrar recommended to the Syndicate of the Calcutta University to grant affilia-1. Doners' representation 2. Guardians' representative 3. Educationists. 4. Teachers' representative tion to the said College for the subjects mentioned in the said application with" effect from the session 1963-64. It was also requested in the said letter that the Syndicate should, approve the constitution of the Governing Body of the college as proposed in the. Education department Letter No. 1428 Edn. (G)dated 29th April, 1962 (copy enclosed which should commence functioning with effect from the academic session 1963-64 ). This has been annexed as Annexure 'g' to the affidavit-in-opposition. It was also requested in the said letter that the Syndicate should, approve the constitution of the Governing Body of the college as proposed in the. Education department Letter No. 1428 Edn. (G)dated 29th April, 1962 (copy enclosed which should commence functioning with effect from the academic session 1963-64 ). This has been annexed as Annexure 'g' to the affidavit-in-opposition. It also appears from the inspection report dated 6th May, 1963 mentioned in Letter No. C/2949/126 (Affi) dated 13th may, 1963 from the Registrar, Calcutta university to the Secretary of the said college being Annexure 'd' to the said petition. Intimating the Secretary, Vivekananda Centenary College, rahara that the college had been affiliated in the subjects mentioned therein upto B. A. and b. Sc. standard in Pass and Honours. From the session 1963-64 with permission to present candidates in the above mentioned subjects. The Registrar, Calcutta. University, by his, aforesaid letter which Has also been Annexed as Annexure 'h' to the affidavit-in-opppsition intimated the Principal, vivekananda Centenary College that the rules of constitution of the Governing Body as proposed by the Mission which have been laid down in the inspection report had been duly approved by the Syndicate at the time of granting affiliation of the college. The Governing Body of the college as evident from the inspection report annexed as Annexure 'h' to the affidavit-in-opposition comprised of-To be nominated by the Mission. To be elected by the teachers from among the permanent staff, 5. Director of public instructions nominee 6. Principal of the college 7. President It appears from the Government order G. 0. No. 172-Edn. (CS) dated 14th 4c-81/68 february, 1969 that the Governor was pleased to decide that the Governing body of the said College would have a special Constitution as follows : "1-3. Three persons with experience of higher education and Social Welfare work, who are interested in development of the College, to be nominated by the Ramkrishna Mission, three persons will serve as the President, the Secretary and Assistant Secretary of the Governing Body. 4. Principal of the College (Ex-offlcio) 5-7. Three Government Officer to be nominated by the Director of Public Instruction, West Bengal. 8-9. Two teachers' representatives to be selected annually by rotation according, to seniority. " 35. 4. Principal of the College (Ex-offlcio) 5-7. Three Government Officer to be nominated by the Director of Public Instruction, West Bengal. 8-9. Two teachers' representatives to be selected annually by rotation according, to seniority. " 35. IT has been further mentioned the rein that the Director of Public Instruction, west Bengal is required to submit for consideration of the Government fprmal proposal in consultation with the authorities of the Ramkrishna" Mission indicating the names and other particulars of the persons to be included in the Governing Body. The life of the Governing Body was for three years. Thereafter another notification for reconstitution of the Governing Body of the said to be nominated by the Director of Public instructions West Bengal. Ex-officio Secretary of the Governing Body. To be nominated by the Mission. College was made on 13th March, 1972. This has been annexed as Annexure 'h' to the writ petition. It appears therefrom that out of 9 representatives 3 of the representatives in the Governing body were nominated by the Mission. On 16th December, 1977 a Letter no. 1817-Edn. (CS)/4c-46/77 was sent but the Deputy Secretary to the Government of West Bengal to the Director of Public Instruction, west Bengal intimating that the Governor has been pleased to decide that the two teachers representatives in the Governing Body of the Ramkrishna mission Vivekananda Centenary college (Government Sponsored), rahara would henceforth be elected by the whole-time teachers of the College themselves. This was annexed as Annexure 'l' to the writ petition. It may be noted that the Director of Public Instruction, west Bengal, by letter dated August S, 1975 intimated Prof. D. K. Chakraborty that the Governing Body of the said college has a special Constitution. (G. O. No. 172-Edn. (CS) dated 14.2.69). This has been annexed as Annexure 'i' to the petition. 36. THEREAFTER on 18th April, 1978 another government Order was made under No. 752- Edn. (CS)/cs. SC-3j77 intimating that the Government have been feeling the necessity of prescribing a standard pattern for the constitution of the Governing Bodies of the Government-Sponsored-Colleges excepting in cases where the College has a special constitution on the basis of Trust Deeds or where the Colleges are run by Missionary societies on the basis or agreement, with the respective Missions. (CS)/cs. SC-3j77 intimating that the Government have been feeling the necessity of prescribing a standard pattern for the constitution of the Governing Bodies of the Government-Sponsored-Colleges excepting in cases where the College has a special constitution on the basis of Trust Deeds or where the Colleges are run by Missionary societies on the basis or agreement, with the respective Missions. It has been turner stated in the said order that the Government has been pleased to order that in supersession of all previous orders relating to the constitution or the Governing Body of sponsered, coliege, the new standard pattern for the composition of the Governing Bodies of sponsored Colleges will be as mentioned therein. A copy of the said order was forwarded to the Principal of the said college which has been annexed as anriexure 'm' to the petition. It will also appear from the letter of the Government dated 16th January, 1971 annexed as Annexure 'j' to the affidavit-in-opposition by respondent Nos. 4 to 11 and 14 that in paragraph 12 (e) of the said letter it has been provided that the standard pattern in their application to the case of a specially sponsored Colleges such as Colleges managed by the Ramkrishna mission, Missionary Society Brahmo samaj, Trust Deed etc. Government may modify the Rules according to the exigencies of the circumstances subject to mutual agreement with the Mission/-Society Parties concerned. It has been stated in paragraph 30 of the affidavit-in-opposition sworn on behalf of the respondent Nos. 4 to 11 and 14 that an application dated 25th July, 1962 was formally made to the Registrar, university of Calcutta, by the Secretary of the said College for its affiliation throough the Director of Public Instruction government of West Bengal and the same was forwarded to the University by the said letter and a copy of the said letter was forwarded to the Secretary of the said College by his Memo. No. 2848/ 1 (1) C[4a-7c/62 dated 29th August, 1962 which has been annexed as Annexure g' to the affidavit-in-opposition. It has also been stated that in the said letter the Director of Public instruction also requested for the approval by the Calcutta' university of the special Constitution of the governing Body of the said college as proposed by the authorities of the said Mission as already requested earlier by the State Government under letter No. 1428-Edn. (G ). It has also been stated that in the said letter the Director of Public instruction also requested for the approval by the Calcutta' university of the special Constitution of the governing Body of the said college as proposed by the authorities of the said Mission as already requested earlier by the State Government under letter No. 1428-Edn. (G ). It has been stated in sub-paragraph 'j' that the successive formation of Governing Bodies of the said College was done in conformity with the special Constitution for Governing bodies of Government-Sponsored colleges established uiider Trusts, Missions etc. made in the said terms and conditions dated 31st October, 1956. It has been annexed as Annexure 'i' tq the said affidavit. It has been further stated therein that the Ramkrishna Mission has established and it has been maintaining and administering three degree Colleges affiliated to the University of Calcutta, in West Bengal, including said College at Rahara, besides six other. Colleges in various other States in India. It has been further stated that the regulations framed under the University grants Commisision act require that in order to be eliigible for grants of the Commission each individual College, has to get itself separately registered as a society under the societies Registration Act, 1860 (Act XXI of 1860), the Commission has exempted the Colleges, which are run by the said mission from getting each of them separately registered under said Act, since the parent body funding the Colleges, namely, the Ramkrishna- Mission, is a society registered under the Societies registration Act as hereinbefore mentioned. Necessary indemnity bonds in respect of grants paid by the Commission to the Colleges run by the said Mission are not required to be executed by the Governing Bodies of each of said respective Colleges separately, as in the case with most of the other colleges, but such a bond was executed by the General Secretary of the Ramkrishna Mission, the parent body for grants received from the Commission by any of the said colleges run by the said Mission. In support of this Letter No. F33-34/65 (CD/cp) Part IV dated 12th July, 1974 of the Education officer, university Grants Commission, addressed to General Secretary of the Kamkrishna Mission is annexed hereto along with a copy each of its enclosed Letter No. F33-34/65 (CD/cp), part IV dated 12th July, 1974 sent to the Registrar of various Universities and of the indemnity bond dated 29th January, 1975, executed by the General Secretary of the Ramkrishna Mission and accepted by the University Grants. Commission, and they are collectively marked with the Letter 'k' to the said affidavit. It has therefore been submitted that the said college of the Ramkrishna Mission is a specially sponsored College and the Mission has been administering the said college with a special Constitution pursuant to the mutual agreement between the said Mission on the one hand and the Union Government and the State government on the other, and it enjoys special rights and privileges guaranteed under Articles 26 and 30 of the Constitution of India. This argument was tried to be repelled by the learned Advocate appearing on behalf of the petitioners on. the ground that Ramkrishna Mission merely donated land whereon the college stands but the entire fund was given to the Mission as grants by the Union Government as well as by the State Government and as such the said college cannot be said to have been established by the Ramkrishna mission. In support of this submission, some decisions have been cited at the Bar. This submission, in my opinion, is not sustainable inasmuch as it well appear from the averments which has been mentioned heteinbefore made in the writ petition as well as in the affidavit-in-opposition and also the letters annexed to the petition as wallas to the affidavit-in opposition that the plan and estimate of the college building was made by the Ramkrishna Mission and the application for affiliation of the said college to the Calcutta University was made by the Ramkrishna Mission This application was, however, recommended,by the state Government through the Director of public Instruction, West Bengal. An approval accordingly was accorded for running the said degree college in Arts and Science. An approval accordingly was accorded for running the said degree college in Arts and Science. Undoubtedly the State Government as well as the Union Government in its Rehabilitation Department paid the entire funds by way of grants to the Ramkrishra mission under whose auspices the college was established and it is also evident that till the approval of the constitution of the governing Body of the said College the then existing Governing Body of the Ramkrishna mission Boys' Home at Rahara was permitted to carry on the administration of the college and also to do all work connected with the setting up of the college. In these circumstances It is quite evident that the Ramkrishna Mission made the proposal fpr the establishment of the said college and it constructed the college building according to the plans and estimate prepared by the Mission on the ptot of land belonging to the Ramkrishna mission. The grant of fund for construction the said college and also for meeting other expenses of the college cannot, in my opinion, lead to the conclusion that the college has been eastablished by the government and not by the Ramkrishna mission. Many private colleges are set up with Government grants and it cantot be said that those colleges were established by the Government. This contention, therefore, in my opinion, is totally devoid of merit. I am constrained to hold that the rankrishna Mission established that is, brought into existence the said college, it is also evident from the various letters referred to hereinbefore that a special constitution was sanctioned for Governing body of the said College. This will be clear and evident from the letter dated 24th April, 1962 annexed as Annexure 'b' to the petition as well as from letter dated 22nd may, 1967 Annexure 'h' to the affidavit-in-opposition. 37. I have already stated hereinbefore that the pending approval of the special constitution of the Governing Body of the said college the Ramkrishna Mission Boy's home, Rahara was permitted to run the administration of the college. It also appears from the successive constitution of the Governing Bodies of the said college that the representatives of the Ramkrishna mission and/or their supporters did constitute the majority members of the Governing body which carried on the administration of the said Collage. It also appears from the successive constitution of the Governing Bodies of the said college that the representatives of the Ramkrishna mission and/or their supporters did constitute the majority members of the Governing body which carried on the administration of the said Collage. Moreover, in the standard pattern for constitution of the Governing body of the sponsored Colleges as laid down in the Government order issued on 18th April, 1978 annexed as Annexure 'm' to the writ application it will appear that the standard pattern will not apply to the colleges which enjoy a special constitution on the basis of trust Deeds, or where the colleges are run by the Missionary Societies on the basis of agreement with the respective Missions. Therefore the standard pattern for formation of the Governing Body of the said College is not applicable to the instant case. considering all the facts and circumstances there is no room for doubt that the Ramkrishna mission has not only established the college but also it maintains which includes administration of the said college. 38. IN Azeezbasha v. Union of India, AIR 1968 SC 663, it was held that the words "established" and "maintained" must be read conjunctively and so read it clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them and not otherwise. It has been further observed that. the right to maintain any institution for religious and charitable purposes would include the right to administer them in the case of (7) Sree Jain Swetambar terapanthi Vidyalaya v. State of West bengal, AIR 1983 Cal 101 to which myself was a party. It has been observed as follows :- "I am constrained to hold that this institution has been established by the petitioner society solely with the funds contributed by the members of that religious minority community, viz., Jain swetamber Sect primarily for the purpose of promoting 'their cultural and religious tenets and imparting the same to the pupil belonging to their community. " This observation has been relied upon by the learned Advocate appearing on behalf of the petitioners and it was contended that as the said college was set up by the Ramkrishna Mission with funds provided by the Union Government as well as the State Government as grants, instead of the Mission constructing the college out of its own funds, this college cannot be said to be established by the Mission. To establish merely means to bring into being. I have already said hereinbefore that this submission is of no substance. This observation, however, does not, in any way, go against the finding made by me regarding the establishment of the said college by the ramkrishna Mission. 39. THE next vital question that possess itself for consideration is whether the ramkrishnaism or the cult or the teaching of Thakur Shri Ramkrishna paramahansa-deva is a constitution and as such the said college which has been established by the mission can claim the fundamental right guaranteed under the said Article. It has been contended on behalf of the petitioners that Thakur Shri Ramkrishna did not preach the Neo-Adyaitabad on the basis of the vedanta, That is the Upanishad in his own simple way. This can at best be termed as the Philosophy of Shri Ramkrishna and not a religion different from Hindu religion. It has also been submitted in this connection by Mr. Bhunfa, learned Advocate on behalf of the petitioners that Shri Ramkrishna was a devout Hindu and he believed in the gods and Goddess of the Hindus. He did not proselytise of renounce his Hindu religion by embracing and/or converting himself to other religion. It has been further submitted in this connection that merely by preaching the ideals of 'jiba Shiva' and also the tenets that all religions are but different paths to reach God or, in other words, to attain spiritual salvation and none will despise other's religion by giving put that his own religion is the only religion which lays down the best path to attain divinity or spiritual salvation. It cannot be said that tie preached and professed a new religion. It has been submitted that these teachings are all derived from 'jnana Kanda' or 'vedanta' which are property termed as Upanishads as distinguished from the 'karma Kanda' of veda which comprised of ceremonies and rituals. Ramkrishna did not preach any religion different from the Hindu religion. It cannot be said that tie preached and professed a new religion. It has been submitted that these teachings are all derived from 'jnana Kanda' or 'vedanta' which are property termed as Upanishads as distinguished from the 'karma Kanda' of veda which comprised of ceremonies and rituals. Ramkrishna did not preach any religion different from the Hindu religion. He merely expounded New Adyaitabad and also the cult of service to man not out of compassion but looking upon man as "'shiva", that is, treating him as God. All these, it has been submitted by Mr. Bhunia, are to be found also in Gita. 40. REFERRING to page 157 of the 5th Part of Shri Shri Ramkrishna Kathamrita it was tiffed to be contended that Paramahansa deba professed and propagated Hindu religion which his main disciple Narendra or swami Vivekananda in his Chicago Speech termed as 'sanatan Hindu Dharma'. It has, therefore, been submitted that Ramkrishna merely propounded the Vedantic Philosophy in his simple language but he does not preach any new tenet,nor any new religion different from Hindu religion. Mr. Saktinath Mukherjee, learned advocate appearing on behalf of the respondent nos. 4 to 11 and 14 has contended on the other hand, that the cult and the teachings of Shri Ramkrishna is a religion different from the Hindu religion and the followers of. this cult or in other words members of the Ramkrishna Mission constitute a minority based on religion in consideration of the total population of the State of West Bengal and as such the Ramkrishna mission is entitled to the benefit of the fundamental right guaranteed by Article 30 (f) of the Constitution of India. 41. BEFORE proceeding to decide this vital question it is necessary to consider the provisions of Article 30 (1) of the Constitution. This Article provides that minorities whether based on religion or language shall nave the right to establish and administer educational instructions of their choise. What is meant by the word 'religion' has not been defined in the constitution and this term is hardly susceptible of any rigid definition. B. K. Mukherjee, J. who spoke for the supreme Court in the case of The Commissioner, hindu Religious Endowments madras v. Shri Lakshmindra Thirkaswamir of Shiru Math observed as follows :- "religion is certainly a matter of faith with individuals or communities and it is not necessary theistic. B. K. Mukherjee, J. who spoke for the supreme Court in the case of The Commissioner, hindu Religious Endowments madras v. Shri Lakshmindra Thirkaswamir of Shiru Math observed as follows :- "religion is certainly a matter of faith with individuals or communities and it is not necessary theistic. There are well known religions in India like buddhism and Jeinism which do not belive in God of in any Intelligent First cause. A religion undoubtedly has its basis in a system or principle or doctrine which are regarded by those who profess that religion as conductive to their spiritual well-being but it would not be correct to say that religion is nothing else but a doctrine or belief. A religion may not only lay down a code of ethical rules for its followers to accept, it might prescribe rituals and observances, ceremonies modes of worship which are regarded as integral parts of religion, and these forms and observances might extend to matters of food and dress. The guarantee under our constitution not only protects the freedom of religious opinion but it protects also acts done in pursuance of religions and this is made clear by the use of expression practice of religion in Article 25". 42. THIS observation of the Supreme court has been referred to and relied upon in the case of (8) Durgah Committee v. Hussain AH, AIR 1961 SC 1402 Verikatramana iyer, J. observed in (9) Venkatramana devaruv. State of Mysore, AIR 1954 SC 225 that It was well-settled that matters of religion under Article 26 (h) include even practices which are regarded as part of its religion and in support to this observation the learned Judge referred to the observation of Mukherjee, J. which has been cited hereinbefore. It has however been stated therein that this religious practice must form an essential part of the religion. Palekar, J. while considering the contents and reach of Articles 25 and 26 of the constitution referred to the decisions referred to hereinbefore and observed that the main principles underlying these provisions are firstly, that the protection of these articles are not limited to matters of doctrine or belief but they extend also to acts done in pursuance of religion and therefore contain a guarantee of rituals and observances ceremonies' and modes of worship which are integral parts of religion. Secondly, that constitutes an essential part "of religion or religious practice has to be decided by the Courts with reference to the doctrine of a particular religion and include practices which are regarded by the community as a part of its religion. This observation has been made in the case of e. ft J. Swami v. State of Tamil Nadu, A. I. R. 1972 SC 1586 at 1593, para 12. Thus on a conspectus of the aforesaid decisions it is now well-settled that religion includes not only the ethical rules and the tenets and dogmas but it also. includes the rituals, ceremonies and observances and even prescriptions regarding food and dress which do form an integral part of the religion. In the light of this observation it is to be considered whether the cult or the religion of Thakur Ramkrishna paramhansa Deva has propagated and preached by him and subsequently by his great disciple Swami vfvekananda can be termed as a religion different from Hindu religion and whether its followers being a numerical minority compared to the total population of the State of West Bengal is entitled to claim the fundamental right envisaged in Article 30 (1) of the Constitution of India. It has been urged on behalf of the petitioners that Shri Ramkrishna paramhansa Deva was by birth Hindu and remained a Hindu till the last day of his life as he did not embrace any other religion surrendering the Hindu religion. So the preachings of Thakur shri Ramkrishna cannot be regarded as a separate religion or cult different from Hindu religion. It has also been submitted that Thakur sri Ramkrishna preached Neo-Adyaitabad. Vedanta is also the basis of the hindu religion and as such Neo-Adyaitabad of thakur Shri Ramkrishna and his further preachings that all beings are the manifestation of God and to do service to the human beings as the manifestation of God in a sprit of worship as the surest path to reach divinity and or spiritual salvation is nothing new and this is embodied in the vedanta. It has also been contended on behalf of the petitioners that the philosophy propagated by Shri Ramkrishna that all religions are equally good and they are the different paths of reaching the God, that is, to attain divinity and/or salvation is nothing but a Philosophy which is to be found in Gita also. It has also been contended on behalf of the petitioners that the philosophy propagated by Shri Ramkrishna that all religions are equally good and they are the different paths of reaching the God, that is, to attain divinity and/or salvation is nothing but a Philosophy which is to be found in Gita also. It has therefore been submitted that this expositions of the tenets contained in Vedanta as well as in Gita. It is not proper to contend that the cult of religion of Shri Ramkrishna is different from other religion including the Hindu religion. Shri Ramkrshna, it has been submitted, merely explained and preached Neo-Adyaitabad in a simple language but he did not propagale any new religion other than Hindu religion. Various passages have been cited from the Shri flamkrishna Kathamrita as well as from Gita published by the Ramkrishna Mission and also from Lfla prasanga to show that the thakur Shri Ramkrishna was a Hindu and he did not propagate any new religion. It has been submitted that the teaching of shri Ramkrishna is nothing but an elaboration of the tenets of Vendanta nemely (EKO- SADBRIPPA BAHUDHA-BADANTI ). It has therefore been submitted that the thakur. Shri Ramkrishna did not preach any religion apart from Hindu religion and as such the question of the Ramkrishna mission being a religious minority within the meaning of Article 30 (1) of the Constitution of India does not arise. 43. IN the affidavit- in- opposition filed on behalf of the respondent Nos. 4 to 11 and 14 sworn by the Swami Ramananda, Secret my. Governing Body of Vivekananda Centenary college at Rahara it has been submitted therein that Thakur Shri Shri Ramkrishna paramhansa Deva practised various religions including Islam and realised the truth underlying these religions. It has been stated in the affidavit-in-opposition in paragraph 5 that Shri Ramkrishna's spiritual practice culminated in experience that all beings are in essence diving and identical with Eternal Existence, Consciousness and bliss, and that the ultimate aim of human life is to realise this Truth and attain external life. Shri Ramkrishna discovered that the same Eternal Truth underlies all religious, which js the essence of all scriptuires. That all religions are true. According to Shri Ramkrishna religion is not an end in itself but is a means to achieve the said aim of human life. Shri Ramkrishna discovered that the same Eternal Truth underlies all religious, which js the essence of all scriptuires. That all religions are true. According to Shri Ramkrishna religion is not an end in itself but is a means to achieve the said aim of human life. He proclaimed that all religions are only different paths leading to the same, goal. He preached that service to man as the veritable manifestation of God, in a spirit of worship, is a sure way to realise the Truth. Accepting all religion to be true he prohibited condemnation of any of them. These are the fundamental tenets of the cult or religion of Shri Ramkrishna. This religion is unique by itself, and comprehends within itself each of all the other religions, and yet it is not identical with any one of them. It has been further stated in paragraph 7 of the said affidavit that the most important features of this new cult or religion practised and preached by Shri Ramkrishna, which clearly distinguished it from all the other cults or religions, including traditional Hinduism are as follows :_ "(I) The religion of Shri Ramkrishna looks upon Shri Ramkrishna as an illustration and embodiment of the ' Religion Eternal which constitutes the core of all religious ideals and permits his worship through his image (like portraits, photos, statues, etc.)relies or otherwise with or without any ritual or ceremony. (ii) It not only tolerates all religions, but also accepts them all to be true, and it considers all religions to be only different paths leading to the same goal, whereas other religions claim absolute authority in all matters to the exclusion of all others. (iii) It believes that the underlying truth in all religions is the same eternal Truth which is the essence of the scriptures of all religions. " 44. IT has been further averred in paragraph 9 that the followers of this religion or cult of Shri Ramkrishna believes in and practise the universal religion of all times, as practised and preached by him. They believe in the universal brotherhood of all irrespective of caste, colour, creed community, language or nationality. " 44. IT has been further averred in paragraph 9 that the followers of this religion or cult of Shri Ramkrishna believes in and practise the universal religion of all times, as practised and preached by him. They believe in the universal brotherhood of all irrespective of caste, colour, creed community, language or nationality. "amongst the followers of Shri Ramkrishna's religion, there are persons coming from Hindu fold as well as from the followers of Islam, 'christianity and other religions, There is however, a fundamental difference between the religious outlook of a followers of these traditional faith and that of a follower of shri Ramkrishna, It has, therefore been stated that the cult or the religion of Shri ramkrishna is different from "that of all other religions including Hindu religion and its followers being numerically in the minority in this State is entitled to the protection of Article 30 (1) of the Constitution of India in regard to the educational institutions that is schools and colleges established by the Mission and administered by it. In Chamber's 20th Century -Disctionary. Revised Edition the meaning of the word 'philosophy' has been stated as pursuit of wisdom and knowledge, the knowledge of cause's and laws of all things, reasoning. According to Webster's New collegiate Dictionary the word 'philosophy' means pursuit of wisdom, a search for truth through logical reasoning rather then factual observation, an analysis of the grounds of and concepts expressing fundamental beliefs, ethics. In pocket Oxford dictionary the meaning of the said word is given as the study of ultimate realities and general principles, a study of ultimate realities and general principles, a study of the rules for the conduct of life. There is no doubt that religion comprises, also philosophy which means the ethical rules as well as the rituals, observances and ceremonies as has been observed by the supreme Court in several decisions ciued he'reinbefore. The cult or religion of Shri ramkrishna is that all beings are the manifestations ot God and all religion are but different paths of reaching God. No religion should be condemned and that to attain spiritual salvation or to reach divinity, the paths prescribed by the tenets and dogmas and religious practices of the different religious are equally good. The cult or religion of Shri ramkrishna is that all beings are the manifestations ot God and all religion are but different paths of reaching God. No religion should be condemned and that to attain spiritual salvation or to reach divinity, the paths prescribed by the tenets and dogmas and religious practices of the different religious are equally good. The divinity of 'jiva Shiva' has to be practised, that is service to the human being is to be made treating him as the manifestation of God and serving him in a spirit of worship. There is no necessity of one surrendering his own religion, be he Hindu or Christian or Muslim or Jew, in order to be a follower of the cult or religion of Shri Ramkrishna. Any person who believes in the religious tenets of Shri Ramkrishna can be a merriber of the Mission without proselytisation of his own religion. Hindu religion does never admit any person professing other faith and religion such as Muslim, Christian or buddhism etc. in it unless such person gives up his religion to embrace Hinduism. Thus, in fact, Thakur Ramkrishna preachied a World religion which is different from all other religion including Hindu religion. This religion of Shri Ramkrishna discards totally caste system (Barna) which the eminent philophers like Dr. Radhakrishna regarded as one of the essential characteristics of Hindu religion. A person to be a Hindu must belong to one of the Hour castes (Barna) of the Hindu religion. This preaching of Thakur Ramkrishna cannot be termed 4s a mere philosophy and not a religion as religion contains both ethical rules dogmas, tenets that is, philosophy sand also rituals, ceremonies and observances. The followers of the cult of Shri Ramkrishna declare this religion to be a separate religion and such declaration has already been made by its founder, Swami vivekananda, the foremost of the followers of disciples or chellas of Thakur Shri Ram krishna. It is apt to quote here the very illuminating remark made by a notable historian Arnold Toyanbee "shri Ramkrishna's message was unique in being expressed in action. . . . . . . . . . . . Religion is not just a matter for study., it is something that has to be experienced and to be believed, and this is the field in which Shri Ramkrishna manifested his uniqueness. . . . . . . . . . . . . . Religion is not just a matter for study., it is something that has to be experienced and to be believed, and this is the field in which Shri Ramkrishna manifested his uniqueness. . . His religious activity and experience, were, in fact, comprehensive to a degree that had perhaps never before been attained by any other religious gentous jn India or, elsewhere". (Foreward to Shri Ramkrishna and his Unique Message by Swami Ghanananda) 45. THAKUR Sri Ramkrishna preached and professed a new religion, i.e., Neo-Adyaitabad, or Neo-Vedantism with its firm faith in the divinity of man and it seeks consciously as a pan of its faith to unfold the divinity of mankind. The Belur Math and the Ramkrishna Mission are the two wings of the Ramkrishna Movement. One was designed to be the Home of Initiation and mediation and the other as the centre of action. Belur Math was not founded to become the mere centre for mediative emancipation of a monastic order. It turned out to be a manufactory of a band of dedicated and disciplined workers for carrying the Mission of Ramkrishna into action. The Ramkrishna Mission, the centre of action, on the other hand, is proved to be the melting pot of purification through service and worship for both the servant and the served alike. This will be apparent from the letter of Swami Vivekananda relevant excerpts of which are quoted below :- "what is wanted is power of organisation do you understand me ?. . . We want some disciples fiery youngmen. . . do you see ?. . . intelligent/and brave who dare to go to the jaws of death and are ready to swim the ocean across. Do you follows me? We want hundreds like that. . . both men and women. Try your utmost for that end alone. Make converts right and left and put them into our purity drilling machine". (Page 101-Letters May, 1976 Edn ). 46. SWAMI Vivekananda while speaking on My life and Mission before the Shakespeare club of Pasadona, California and referring to his own order of monks declared :-And together we conceived that this ideal had to be spread, and not only spread, but made practical. (Page 101-Letters May, 1976 Edn ). 46. SWAMI Vivekananda while speaking on My life and Mission before the Shakespeare club of Pasadona, California and referring to his own order of monks declared :-And together we conceived that this ideal had to be spread, and not only spread, but made practical. That is to say, we must show the spirituality of the Hindus, the mercifulness of the Buddhists, the activity of the christians the brotherhood of Mohammedans; by our practical lives. We shall start a universal religion now and here. (My life and Mission, Adyaita ashram, 1978-page II Complete works 6th Edition Volume VIII, page 73) It is therefore apparent from the above speech that Swami Vivekanada who had founded the Ramkrishna Mission on 1st may, 1897 and the Ramkrishna Math at belur on 9th December, 1898 and from his two historic speeches namely, my Life and mission and the way to realisation of a universal religion which were "delivered in united States on 27th and 28th January, 1900 respectively always emphasised the religious character of Ramkrishnaism. The two speeches may be taken, to indicate in retrospect the real objects of the Math, mission and the order. It may be further noted that Swami Vivekananda was always emphasising the religious character of his movement based upon what he claimed to be a universal religion founded upon the life and teachings of his great master, Sri ramkrishna, Swami Vivekananda further declared :-Each soul is potentially divine, the goal is to manifest this divinity within, by controlling nature external and internal. Do this either by work or by worship by one or more, or all of them and be free. 47. THIS is the whole of religion, doctrine or dogmas, or rituals or books or temples or forms are but secondary details. Swamiji further declared :- "i have a massage and I will give it after my own fashion I will neither hinduise my message nor Christianise it and that is all. Liberty, Mukti is all my religion". "I shall inspire men everywhere, until the world shall know that it is one with God. " (My Life and Mission Adyaita ashram 1978 (Pages 31 and 32) 48. SWAMIJI also said that the followers of Ramkrishna order avoid the danger of multiplying creeds by being a non-sectarian sect having all the advantages of a sect and the advantages of Universal Religion. " (My Life and Mission Adyaita ashram 1978 (Pages 31 and 32) 48. SWAMIJI also said that the followers of Ramkrishna order avoid the danger of multiplying creeds by being a non-sectarian sect having all the advantages of a sect and the advantages of Universal Religion. Thus it is manifest from all these speeches delivered by Swamiji and also Neo-Adyaitabad professed by his Guru Thakur Sri Ramkrishna that the cult or Sri Ramkrishna is a distinct religion difrerant from the other religion. It is clear that the Math and mission founded by Swamiji to profess or practice and propagate not the Hindu religion but the Universal Religion of the religion of Thakur. Swami Jyotishwarananda further stated "the Ramkrishna Mfssion is preeminently a religious body its service forming a part of Sadhana or spiritual practice. It stands on the universal ideals of religion. Its numerous preaching centres in India and America and trying to spread through the life and thought of their members a true knowledge of religion in its all embracing aspects and also to promote fellowship amongst the followers of different religions pi- the world, which are in fact as Sri Ramkrishna realised, so many forms of the External and Universal Religion". ("ramkrishna Math and Mission convention" 1926. page 132 and 133) 49. THUS the Ramkrishna Movement continued to be treated as religious movement to spiritualise the world. 50. IT is pertinent to refer to the Defaulter deed and Declaration of Trust which was executed between Swami Vivekananda of belur and Swami Brahmananda, and the other disciples or chellas of Thakur Shri ramkrishna. It has been stated in the said deed of Trust that out of the rents and, profits and income of the investments hereinafter mentioned to make provision for the carrying on and performance of the daily and periodically sheba and worship of the said Thakur Paramahansa Ramkrishna for the maintenance and preservation in a good and efficient state of repair and condition of the said Thakurbari, Math and other buildings aforesaid arid of the grounds appertaining thereto and also for the feeding and clothing and maintenance and support, of the disciples or chellas for the time being of the said Thakur Paramhansa who shall from time to time be living in the said -Thakurbari or Math respectively and for the propagation, advancement and furtherance of the cult of the said Thakur Paramhansa Ramkrishna. The above Trust Deed was executed on the 30th January, 1901. In the Rules and Regulations of the ramkrishna Math registered with" the registrar of Assurances the object of math as recited is as follows :- "1. The Ramkrishna Math, otherwise called the Belur Math, is an institution of Sannyasins, established to help individulas as to work out their own liberation and also to train them to serve the world in every possible way along the lines laid down by Bhagvan Sri Ramkrishna. 2. The activities of the Ramkrishna Math, belur otherwise called the Belur Math, and other Maths associated. with it and forming branch Maths or ashramag and the various centres of work shall be confined to the promotion of the objects and principles of the cult or religion of Sri Ramkrishna Paramahansa, and to the propagation, advancement and furtherance of the same through publication of books, magazines etc., and establishment of temples, prayer halls, educational, cultural and charitable institutions of various types, as also other forms of preaching and seva, which all shall be conducted along the lines of universal principles taught by Sri Ramakrishna and exemplified by his life. " In the Memorandum of Association of the Ramkrishna Mission registered on the 4th May, 1909 some of the objects of the Association mentioned therein are as follows :- "(a) To impart and promote the study of the Vedanta and its principles as propounded by Sri Ramkrishna and practically illustrated by his own life and of Comparative Theology in its widest form. (b) To impart and promote the study of the arts, sciences and industries. (d) To carry on educational work among masses. (e) To establish, maintain, carry on and assist Schools, Colleges. Universities, Orphanages, Work Shops, Laboratories, Hospitals, Dispensaries, houses for the works and other educational and/or charitable works and institutions of a like nature". 51. SO it is evident from the recitals of the objects of the Math and Mission that the main purposes is to preach and profess and propagate and pracitised the cult or religion of Thakur Sri Ramkrishna and the Ramakrishna Order is therefore a religious order having a religion of its own, namely the religion of thakur Sri Ramkrishna Paramahansa. This religion of Sri Ramakrishna is in other words, a Universal Religion, preached, propagated and practised by thakur Sri Ramkrishna and his chellas and it is different from the Hindu religion. This religion of Sri Ramakrishna is in other words, a Universal Religion, preached, propagated and practised by thakur Sri Ramkrishna and his chellas and it is different from the Hindu religion. This religion is founded neither upon the whole of the Vedas nor even the whole of Vedanta with all their ancient and sacred interpretation but only upon the Vedanta and its principles as propounded by Sri Ramkrishna and practically illustrated by his own life. This ramkrishna's Vedanta has acquired the distinctive name of 'practical Vedanta' the foremost aspect of its practical side, is in its unique concept of 'jiba Shiva' ramkrishnaism is founded upon Adyaitabad though of its own kind for which it is called Neo-Adyaitabad. Though the neo-Adyaitabad or Ramkrishnaism is based on Vedanta and Hindu religion is also the religion based on Vedas but besides Vedas the Hindu religion is also based on Epics and/or Purans. The mere fact that Thakur Sri Ramkrishna's Neo-Adyaitabad is based on Vedanta does not go to establish that Ramkrishnaism or the cult of Sri Ramkrishna is a part of hindu religion and identical with it and different from it. The Vedas are the testimonials of the ancient seers for which they are called Sruti. The Vedas are regarded as divine revelations and accordingly their authority is beyond all questions and above all disputes. The caste system is a distinctive feature of hindu religion which is not to be found in the religion preached and propagated by Thakur Sri Ramakrishna. It has been observed by Rajamannan, C. J. in the case of (11) Michael v. Venkataesviaran, air 1952 Madras 474 at page 477, paragraphs 13 and 14 as follows :- "it cannot be denied that whatever may be the philosophy, doctrine of what we called Hinduism so far as social and usages went, caste system became an integral part of Hindu religion. As I said before caste system has become an integral feature of Hindu Society and is bound up with the practice of Hindu religion. The well accepted scriptures of the Hindus contain reference to caste as having even a divine origin. I am not unaware of the new interpretation sought to be put on these reference and to attempt made by several modern scholars to explain the caste system as being founded on natural division of persons according to their Gunas (qualified) aptitudes and conducts. I am not unaware of the new interpretation sought to be put on these reference and to attempt made by several modern scholars to explain the caste system as being founded on natural division of persons according to their Gunas (qualified) aptitudes and conducts. But it cannot be gainsaid that in a actual practice the caste system is based strictly on births". 52. IT has been further observed that caste system has become an integral feature of Hindu Society and is bound up with the practice of Hindu religion. The well-accepted scriptures of the Hindu contained reference to caste as having even divine origin. Bhargava, J. in (12)S. Raja Gopal v. C. M. Armugam, AIR 1969 SC 101 held that caste system prevails only amongst Hindus and possibly in some religions closely allied to Hindu religion like Sikhism. Mr. B. S. S. O's, Moiiey in his Indian Caste and Custom (Rupa and Co. 1976) at page 19 observes :--"caste is not merely a social institution but a part of Hinduism, which on that accounts has been described as a socio religious system, for it is partly a social organisation based on caste and partly a religious beliefs or congeries of beliefs. Caste is, in fact, the steel frame binding together the many beliefs massed together in Hinduism. So integral part is it of Hinduism that a Hindu without a caste is almost a contradiction in terms. . . . . . . . . . . . A man may entertain Hinduistic beliefs but unless he belongs to a caste he cannot be a member of Hindu Society as observed by birth. The caste is the express badge of hinduism. A man who is a member of a caste is a Hindu, he who is not, is not a hindu". 53. DR. Radhakrishnan in his book 'the Hindu View of Life' at page 55 remarked :- "hinduism is more a way of life than a form of thought while it gives absolute liberty in the world of thought it enjoins a strict Code of practice". 54. CASTISM is thus an integral part of the Hindu Religion. Dr. Radhakrishnan in his book entitled 'hindu View of life' at page 75 remarked "caste was the answer of Hinduism to the forces pressing on it from the outside. It was an instrument by with the hinduism civilized the different tribes it tooks in. 54. CASTISM is thus an integral part of the Hindu Religion. Dr. Radhakrishnan in his book entitled 'hindu View of life' at page 75 remarked "caste was the answer of Hinduism to the forces pressing on it from the outside. It was an instrument by with the hinduism civilized the different tribes it tooks in. . . . . . . . " so from all these it is evident and clear that Ramkrishnaism or the religion preached and propagated by Thakur Shri Ramkrishna specifically preached by his great chella swami Vivekananda is a religion different from the Hindu religion. The submission that the preachings of Thakur shri Ramkrishna is Neo-Adyaitabad which is a mere philosophy and not a religion and that Thakur Sri Ramkrishna never surrendered his Hindu religion and embraced other religion and as such Ramkrishnaism is only a philosophy and not a religion, this argument as I have said already is not sustainable in view of the fact that Thakur shri Ramkrishna preached, professed and practised a religion that is, Neo-Adyaitabad and his followers the foremost amongst whom was Swami Vivekarmda. also preached and professed this religion which is termed as Universal Religion or World - Religion embracing as members of the Ramkrishna Mission and also for his monastic order that is as members of the Belur Math Sannyassins those who confront and follow the tenets of this religion and gives up their former life and initiated into monastic order without any proselytisation. Of course, to repell this submission, Mr. Bhunia, the learned Advocate appearing on behalf of the petitioners cited the decision in (13) Yognapurushdai v. Muldas, AIR 1966 SC 1119 . In paragraph 28 at page 1125 of the said decision it has been observed that the Encyclopaedia of Religion and Ethics, Vol. VI has described 'hinduism' as the title applied to that form of religion which prevails amongst the vast majority of the present population of the Indian Empire; (Page 686)As Dr. Radhakrishanan has observed : "the Hindu Civilisation is so called, since its original founder or earliest follows occupied the territory drained by the Sindus (the Indus) river system corresponding to North West Frontier Province and the Punjab. This is recorded in the Rig Veda, the oldest of the Vedas, the Hindu scriptures which gave their name to this period of India's History. This is recorded in the Rig Veda, the oldest of the Vedas, the Hindu scriptures which gave their name to this period of India's History. The people on the Indian side of the Sindhu were called Hindu by the Persian and the later Western Invaders". This is the genesis of the word Hindu. Beneath the diversity of philosophic thought and concept and ideas expressed by Hindu philosophers who started different philosophic schools there are certain concepts which can be treated as basic. The first is the acceptance of Veda as the Highest authority in religious and philosophic matters. This concept necessarily implies that all the systems claim to have drawn their principles from a common reservoir of thought enshrined in the Veda. All the systems of hindu Philosophy believe in rebirth and pre existence. Another important feature of Hindu system of its religious philosophy is the recognition and acceptance of a large number of Gods to be worshipped by the different' sections of the Hindus. There are certain sections of the Hindu community which do not believe in idols. 55. IN this case the contention was that swami Narayan Sect is a religion distinct and different from the Hindu religion and consequently the temples belonging to the sect do not fall within the ambit of section 3 of Bombay Hindu Places of public Worship (Entry Authorisation, act (XXXI of 1956) it was held that the sect to which the appellant belonged was not a distinct religion, and consequently temples belonging to the said sect do fall within the ambit of the section 3 of the Act. In this case, however, the question of Article 26 (1) (a) and (b)was not a issue. It was a case within article 25 Clause (2) (b) which provides for making of any law by the State throwing open a Hindu religion institution a public character to all classes and sections of Hindus. In Explanation II to the said sub-clause (b) of Clause (2) of the Constitution, it has been specifically provided that reference to Hindus shall be considered as including a reference to persons professing the Shikh, Jains or buddhist Religion, that is the term. 'hindu Religion' was given an extended meaning by the farmers of the Constitution for a limited purpose mentioned in the aforesaid Article 25 (2) (b) of the Constitution and not for all purposes. 56. 'hindu Religion' was given an extended meaning by the farmers of the Constitution for a limited purpose mentioned in the aforesaid Article 25 (2) (b) of the Constitution and not for all purposes. 56. IT has been observed by Mudholkar, J. in (14) Punjabrao v. D. P. Meshram, AIR 1965 SC 1179 , at page l184 paragraphs 13 and 14 that the meaning of the word process as used in clause (3) of the Constitution (Scheduled Castes) order, 1950 means to enter publicly into a religions State and for this purpose a mere declaration by a person that he has ceased to belong to a particular religion and embraced another religion would not be sufficient. The meaning of the word, profess according to Webster's New world Dictionary to above publicly to make an open declaration of to declare one's belief in etc. It has been therefore held that of a public declaration is made by a person that he has ceased to belong to his old religion and has accepted another religion he will be taken as professing the other religion. In the face of such an open declaration it would be futile to enquire further as to whether the conversion to another religion was efficacious. It has been further held that the definition of the word Hindu has been expanded for the special purposes of sub-clause (b)of Clause 2 of Article 25 and for no other. The contention that the word Hindu as mentioned in paragraph 3 of the Constitution (Scheduled Castes) Order, should have a wide meaning similar to that in Explanation II of sub-clause (b)of Clause 2 of Article 25 of the Constitution was negatived by the Supreme court and the said word was used in. the said order in the narrower sense of the orthodox Hindu religion which recognised castes and contains injunctions based on caste distinctions. This Division Bench of Supreme Court comprised of five judges including Gajendra gadkar c. J. who spoke for the judgment in AIR 1966 SC 1119 , so the pronouncement of the Supreme Court being made in a different context i.e. in considering the ambit and sweep of Article 25 (2) (b)read with Explanation II of the. This Division Bench of Supreme Court comprised of five judges including Gajendra gadkar c. J. who spoke for the judgment in AIR 1966 SC 1119 , so the pronouncement of the Supreme Court being made in a different context i.e. in considering the ambit and sweep of Article 25 (2) (b)read with Explanation II of the. Constitution cannot taken to be the yardstick in deciding the question whether the cult or religion preached, professed, and propagated by Thakur Shri Ramkrishna after his demise by his disciples amongst them Swami Vivekananda within the meaning of article 30 of the constitution of India. I propose to refer in this connection to the case of (15) D. A. V. College, jullunder v. State of Punjab, reported in air 1971 SC 1737 . In that case question arose for consideration was whether the members of the Arya Samaj which comprised of the D. A. V College of Jullunder belonged to a religious minority within the purview of Article 30 of the constitution of India. It has been held that article confers a special right to minorities to establish educational institutions of their choice. This choice is not limited to institution seeking to conserve language, script or culture and the choice is not taken away if the minority community having established an educational institution of his choice also admits members of other communities. That is a circumstance irrelevant for the application of Article (3) (1) since no such limitation is expressed and none can be implied. It was further held that the arya Samaj by rejecting the manifold absurdities found in Smriti and in tradition and in seeking a basis in the early literature for a purer and more rational faith can be considered to be religious minority at any rate, as part of hindu religious minority in the State of punjab. 57. THE Brahmo Samaj was held to be a religious minority within the meaning of Article 30 of the Constitution and as such the Bankipur Brahmo Samaj which established this school and constituted its Managing Committee is entitled to the protection of Article 30 of the Constitution. It was further held that this article did not require that the majority of the students of the school must belong to the religious faith of the minority. It was further held that this article did not require that the majority of the students of the school must belong to the religious faith of the minority. This Article did not impose any limitation that the subjects taught in the school must be connected with the religious of the minority. On the contrary, the article expressly states that religious minority has a right to establish and administer educational institutions of its choice. The crucial phrase in the article is of their choice and the ambit of the freedom of choice conferred by the article is, therefore, as wide as the choice the particular community may make it. It is open to the religious minority to establish, educational institutions purely for the purpose of conserving its religion, language or culture. It is also open to the religious minority to establish educational institutions' purely for the purpose of giving a thorough good secular education to their children. The Article applied to both these classes of institutions. The decision has been made by Ramaswami, C. J. in (16) Dependranath v. State of Bihar, air 1962 Pat 101 (F. B) similar observation has been made in (17) Dependranath v. State of Bihar, AIR 1963 Pat 54 . 58. IN S. P. Mittal v. Union of India, air 1983 SC 1 Chinappa Reddy who delivered the minority judgment observed at page 11, para 32 that Sri Aurobindo, of course, disclaimed that he was founding a new religion or new school of religious thought. The question is not whether Sri Aurobindo refused to claim or denied that he founding a new religion or new school of religious thought out whether his disciples and the community thought so where is no doubt that they did not only his disciples and followers, but religious leaders all the world over and of ail faiths. The ground of attack in the said case was that Aurobille (Emergency provisions) Act, 1980 infringed Articles 25, 26, 29 and 30 of the Constitution. The ground of attack in the said case was that Aurobille (Emergency provisions) Act, 1980 infringed Articles 25, 26, 29 and 30 of the Constitution. It was observed by Misra J. who spoke for the Supreme Court as follows :-"on the basis of materials placed before us, viz., the Memorandum of Association of the Society, the several applications made by the Society claiming exemption under section 35 and 80 of the Income Tax Act, the repeated uttering of Sri Aurobindo and the Mother that the Society and Aurobile were not religious institutions and host of other documents there is no room for doubt that neither the Society nor Aurobile constitutes a religious denomination and the teachings of Sri Aurovindo only represented his philosophy and not religion, 59. IT was further held that even assuring but not holding that the Society or Aurobile was a religious denomination, the impugned amendment does not curtail the freedom of conscience and the right to profess, practice and propagate religion. This decision also does not apply to the instant case as in the instant case it is evident from the Deb utter Deed as well as from the Memorandum of Association of Ramkrishna mission that the cult or the teaching of Sri Ramkrishna is not a philosophy but a religious order as regarded by the followers of Sri Ramkrishna, the prominent amongst them was Swami Vivekananda. Therefore I am constrained to hold that Ramkrishnaism or the cult of ramakrishna is a new religion different from Hindu religion and the followers of this religion being a minority in consideration or the total population of the State of West Bengal it is a minority religious within the meaning of Article 30 of the Constitution. The Vivekananda centenary College, as I have held already has been established and maintained by the Ramkrishna Mission and the Mission is entitled to the protection of article 30 of the Constitution. It has been submitted m this connection that though at the time of affiliation of this college to Calcutta University a special constitution of he Governing Body was given yet the successive constitution of the Governing Bodies of the said College being made by the Government without conforming to special Constitution. The Ramkrishna Mission surrendered its right to constitute Governing Body and consequently it has surrendered its right to administer the College and so it cannot claim it now. The Ramkrishna Mission surrendered its right to constitute Governing Body and consequently it has surrendered its right to administer the College and so it cannot claim it now. The decision in azeez Basha's case has been cited on this point. In that case the case of the petitioner was that the Aligarh Muslim University was established by the Muslim minority and therefore the Muslim had the right to administer the University. The Aligarh Muslim University (Amendment) Act No. LXII of 1951 and the Aligarh Muslim University (Amendment)Act No. XIX of 1965 had been attached as ultra vires Article 30 of the Constitution of India. Wanchoo, C. J. who spoke for the Supreme Court has observed that Article 30 clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them, but not otherwise. This Article cannot be read to mean that even if the educational institution was established by some body else, any religious minority would have the right to administer it because for some reason or other it might have been administering it before the. Constitution came into force. The words establish and administer must be read conjunctively and so read it gives the right to the minority to administer an educational institution provided it has been established by it. it has been further held that the word established as used in Article 30 means to bring into existence apart from founding. So the minority has been given the right to bring into existence an educational institution and if they do so to administer. It was held further that the Aligarh Muslim University was neither established nor administered by the Muslim minority. As such Article 30 does not apply to that case. In Durgah Committee, Ajmer v. Syed Hussain Ali, AIR 1961 SC 1402 it has been held that if the right to administer the properties never vested in the denomination or had been validly lost to it, Article 30 cannot be invoked. This decision also does not apply to the present case as the facts of this case are different from the present case. The said mission which has brought into existence the said college did not ever surrender its right to administer the said college after establishing if as the Mission enjoyed a special Constitution for formation of Governing Body of this College. 60. The said mission which has brought into existence the said college did not ever surrender its right to administer the said college after establishing if as the Mission enjoyed a special Constitution for formation of Governing Body of this College. 60. IT has been urged on behalf of the petitioners that the said college being a sponsored College affiliated to the University of Calcutta, the West Bengal college Teachers (Security of Service)Act, 1975 and the West Bengal College service Commission Act, 1978 (West bengal Act LXII of 1978) apply to appointment of teachers including the principal of the college as well as to the terms and conditions of the service of such teachers. In paragraph 21 of the petition it has been stated that according to sub-clause (i) of section 2 of the West Bengal College Teachers (Security of Service) Act, 1975, college means a college or institution affiliated to the University and it includes a constituent college or a Government Sponsored College affiliated to the University. So the said College being admittedly a Government sponsored College is governed by the provisions of the said Act. Under sub section (9) of the section 2 of the said Act, teacher means professor, assistant professor, lecturer, tutor, demonstrator or any of other person holding a teaching post recognised by the affiliation of the University and appointed as such by a college and include its Principal and Vice-Principal. Section 3 of the said Act enjoins that appointment to the post of a teacher shall be made by the governing Body of the college on the recommendation of the University and college Service Commission. Section 4 of the said Act further provides that a teacher of a college shall on his appointment be provided with a letter of appointment and under section 7 of the said act a service register in respect of staff and teachers of the College shall be maintained and the same shall on demand have to be shown to the teacher. It has been pleaded in paragraph 47 of the petition that the respondent No. 14 Swami shivamayananda being not appointed according to the provisions of West Bengal Service Commission Act. 1978 is not competent to act as Principal of the said college. The College Teachers (Security of Serviced Act, 1975 was enforced in October, 1975, The said act was amended by Amendment Act, 1975 (Act XLIV of 1975). 1978 is not competent to act as Principal of the said college. The College Teachers (Security of Serviced Act, 1975 was enforced in October, 1975, The said act was amended by Amendment Act, 1975 (Act XLIV of 1975). Section 19a which has been introduced into the said Act by amendment expressly provides that the said Act will not apply to a college established and administered by a minority whether based on religion or on language. The College Service Commission Act, (West Bengal Act LXII of 1978) which lays down the manner of appointment of teachers of a college shall not apply to any college established and administered by a minority, whether based on religion or language according to Section 15 of the said Act. Therefore, this submission is totally devoid of any merit as the said College has been established and administered by the Mission -which I have held hereinbefore is a minority based on religion. Moreover, Article 30 (1) expressly provides that all minorities based on religion or language shall have the right to establish and administer educational institutions of their choice. The decisions of (18) In re : Kerala Education Bill, AIR 1958 sc 956 at page 979 para 23. (19) In : Re kerala Education Bill, 1957 Special Reference No. 1 of 1958, S. R. Das, CJ who spoke for the Supreme Court observed that this Article 30 has conferred on religious minority a right to establish educational institutions of their choice. It, does not say that minorities based or religion should establish educational institutions for teaching religion only or that linguistic minorities should have the right to establish educational institutions for teaching their language only. What the Article says and means is that the religious and linguistic minorities should have the right to establish educational institutions of their choice. There is no limitation placed on the subjects to be taught in such educational institutions. As such minorities will ordinarily desire that their children should be, brought up properly and sufficiently and be eligible for Higher University Education and go out in the world fully equipped with such intellectual attainments as will make them fit for entering the public Services, educational institutions of their choice will necessarily include institutions imparting general secular education also. As such minorities will ordinarily desire that their children should be, brought up properly and sufficiently and be eligible for Higher University Education and go out in the world fully equipped with such intellectual attainments as will make them fit for entering the public Services, educational institutions of their choice will necessarily include institutions imparting general secular education also. The Article leaves it to their choice to establish such educational institutions as will serve both purposes, namely, the purpose of conserving their religion, language, script or culture and also the purpose of giving a thorough good general education to their children. This Article thus gives to all minorities whether based on religion or language, two rights namely, the right to establish, and the right to administer educational institutions of their choice. The sweep and ambit of Article 30 (1) of the Constitution was considered in the case of (20) Rev. Father W. Proost v. The State of Bihar, AIR 1969 SC 465 in connection with the question of section 48a of the Bihar State Universities (University of Bihar, Bhagalpur and Ranchi) Act, 1961 as it purports to contravene the fundamental right conferred by the said Article by providing that appointments, dismissal removals and termination of service of a teacher of an affiliated college has to be made by the governing Body of the college on the recommendation of the University Service Commission. During the pendency of the petition, Section 48b, was inserted in the said Act providing that the said section would not apply to an affiliated college established by a minority based on religion or language which the minority has the right to administer; it shall be entitled to make appointments, dismissals, removals, termination of service of teachers or take other disciplinary measures subject only to the approval of the Commission and the Syndicate of the University. This college has been established and run by the Jesuits of Ranchi, a religious minority and so this college will come under the exemption provided in section 48b of the said act. It has been further observed that the college being established by a minority based on religion, the Governing body of this College is entitled to run the administration of the college without any interference by the State or the university. It has been further observed that the college being established by a minority based on religion, the Governing body of this College is entitled to run the administration of the college without any interference by the State or the university. So in the instant case the said college having been established and administered by Ramkrishna Mission, a minority religious is entitled to be exempted from the provisions of the West bengal College Teachers (Security of service) Act, 1975 as provided in section 19a of the said Act. Similarly the provisions of West Bengal College Service commission Act, 1978 will not apply to the said college in accordance with the provisions of section 15 of the said Act. 61. THE scope and width of the fundamental right conferred by Article 30 of the Constitution was considered by the supreme Court and it has been observed by Shah, J. in lucid terms as follows :- "article 30 (2) provides that all minorities have the right to establish and act-minister educational institutions of their choice, and Article 30 (2) enjoins the state. In granting aid to educational institutions oh the grounds that it is under the management of a minority, whether based on religion or language, Clause (2) is only a phase of the non-discrimination clause of the Constitution and does not derogate from the provisions made in Clause (1 ). The clause is moulded in terms of negative the State is thereby enjoined not to discriminate in granting aid to educational institutions on the ground that the management of the institutions is in the hands of a minority, religious or language, but the form is not susceptible of the inference that the State is competent upon the substance of the right to establish and administer educational institutions by minorities, religious or linguistic. Unlike Article 19 the fundamental freedom under clause (1) of Article 30, is absolute in terms it is not made subject to any reasonable restrictions of the nature the fundamental freedom enunciated in Article 19 may be subjected to. All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice; and any law or executive direction which seeks to infringe the substance of that right under Article 30 (1) would to that extent be void. All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice; and any law or executive direction which seeks to infringe the substance of that right under Article 30 (1) would to that extent be void. This, however, is not to say that it is not open to the State to impose regulations upon the exercise of this right. The fundamental freedom is to establish and to administer educational institutions truth educational institutions which cater to the educational needs of the citizens, or sections thereof. Regulations made in the true interests of efficiency of instruction, discipline, health, sanitation, morality, public order and the like may undoubtedly be imposed. Such regulations are not restrictions on the substance of the right which is guaranteed; they secure the proper functioning of the institutions, in matter educational. " 62. RULE 5 (2) of the Rules for Primary training Colleges and Rules 11 and 14 for. recognition of private training institution is so far as they relate to reservation of seats therein under orders of government and directions given thereafter regarding reservation of 80% of the seats and the threat to withdraw grant-in-aid and recognition of the College infringe fundamental rights of petitioners under Article 30 (1 ). This observation has been made in the case of Rev. Sidhrajbhai Sabhai vs. State of Gujarat, (supra) AIR 1963 SC 540 at page 545, paragraph10. 63. ARTICLE 30 (1) of the Constitution contemplates two rights which are separated in point of time. The first right is the initial right to establish institutions of minority's choice. Establishment here means the bringing into being of an institution and it must be by a minority community. It is irrelevant that in addition to the minority community others from other minority communities or even from the majority community can take advantage of these institutions. The next part of the right relates to the administration of such institutions which means management of the affairs of the institutions. This management must be free of control so that the founders or their nominees can mould the institutions as they think fit, and in accordance with their, ideas, of how the interests of the community. in general and the institution in particular will be best served. This management must be free of control so that the founders or their nominees can mould the institutions as they think fit, and in accordance with their, ideas, of how the interests of the community. in general and the institution in particular will be best served. There is, however, an exception that the standards of education are not a part of management as such, therefore, if the Universities establish the syllabi for examinations, they must be followed subject however to the special subjects which the institutions may seek to teach, and to a certain extent the State may also regulate, the conditions of employment of teachers and the health and. hygienes of the students. . . . . . . . . . . . . . Yet the right of the State to regulate educational standards and allied matters cannot be denied. The above observations have been made by Hidyatullah, C. J. in (21) State of Kerala v. Very Rev, Mother Provincial, AIR 1970 SC 2079 at page 2082, para 10. 64. THE above decision has been relied upon by the Supreme Court in (22)The Ahmedabad St. Xavier's College Society and Another v. State of Gujarat air 1974 SC 1389 and it has been held that Article 30 (1) covers institutions imparting general secular education. The object of this Article is to enable children of minorities to go out in the world fully equipped. This Article does not restrict the right of the minorities to establish and administer educational institution of their choice only to institutions concerned with language script or culture of the minorities. Articles 29 and 30 create two separate rights though it is possible that the right might meet in a given case. This right to establish and administer educational institution has been conferred on religious and linguistic minorities so that the majority who can always have the rights by haying proper legislation do not pass a legislation prohibiting minorities to establish and administer educational institutions of their choice. Thus Article 30 covers institutions imparting general secular education which is commensurate with the object of this Article to enable children of minorities to go out in the world fully equipped. Thus Article 30 covers institutions imparting general secular education which is commensurate with the object of this Article to enable children of minorities to go out in the world fully equipped. But such minority educational institution in order to get affiliated to the University are to the conform to the regulations of the University regarding Qualification of teachers, library, laboratories, conditions regarding health and hygiene of students and also to follow the syllabi prescribed by the University or other educational authority. This is the first part The second part of affiliation consists of terms and conditions regarding management of the institutions. It relates to the administration of institution. So a minority institution must observe or comply with the statutory measures regulating the educational standards and efficiency, the prescribed courses of study, courses of instruction and the principles regarding the qualification of teachers, educational qualification for entry of students into educational institution etc. These regulatory measure for affiliation are for uniformity, efficiency and excellence in educational courses and they do not impugne upon the fundamental right of minority institutions under Article 30 of the Constitution. It was further held that sections 40, 41, 33aia, 33alb, 51a and 52a of the Gujarat University Act (50 of 1940 as amended by Act 6 of 1973 do not apply to the educational institutions established and administered by linguistic and religious minorities as they interfered with the fundamental right guaranteed by Article 30 (1) of the Constitution. The above decisions have been relied upon in a later case of (23) Lily kurian v Sr. Uwina and Ors. AIR 1979 SC 52 at page 60 para 32 and it has been observed as follows :- "unlike Article 19 (1) the fundamental freedom under Article 30 (1) is absolute in terms ; it is not made subject to any reasonable restrictions of the nature of the fundamental freedom enunciated in Article 19 may be subjected to. All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice on any law or executive direction which seeks to infringe the substance of that right under Article 30 (1)would to that extent be void " 65. All minorities, linguistic or religious have by Article 30 (1) an absolute right to establish and administer educational institutions of their choice on any law or executive direction which seeks to infringe the substance of that right under Article 30 (1)would to that extent be void " 65. THE Ordinance 33,4) framed under the Kerala University Act (14 of 19571 which conferred right of appeal to an outside authority like the Vice Chancellor of kerala University and thereby taking away the disciplinary power of the minority educational institution is violative of Article 30 (1)of the Constitution of India 66. I have also held in the case of Sree Jain Swetambar Terapanthi Vidyalaya v. State of Wast Bengal (supra) that the members professing jain faith and belonging to jain Swetambar Terapanthi Sect constitute a religious minority in India particularly in West Bengal, It professes a faith different from the Hindu religious faith. Therefore, the institution established by sree Jain Swetambar Terapanthi Vidyalaya society in West Bengal is entitled to the benefit of Article 30 (1) of the Constitution. On a consideration of the above decisions it conclusively follows that the said college which has been established and has been administered by the Ramkrishna mission, a religious minority is entitled to the protection of Article 30 (1) of the Constitution of India. The provisions of West bengal College Teachers (Security of services) Act, 1975 as well as the provisions of the West Bengal College Service commission Act, 1978 are not at all applicable to the said college as they purport to interfere with the fundamental right guaranteed to the religious minority to establish educational institutions of its choice and to administer the same. The directions given by the Calcutta University by its three notice dated August 2, 1983 intimating the ramkrishna Mission Residential College, narendrapur. Principal Secretary Ramkrishna Mission Sikshan Mandir, Howrah and Ramkrishna Mission Vidya Mandir, howrah that the persons named therein have been nominated as members of the governing Body of the respective colleges by the Syndicate and requesting the Principal to Constitute the Governing Body under statutes 93 am 94 of the Calcutta university First Statute, 1979 by August, 1983 which were stayed by order of this Court dated 9.8.83 are made in contravention of the right under Article 30 (1) of the Constitution of India and so they are invalid and unenforceable 67. IN the premises aforesaid the application is dismissed. There will be no order as to costs in the facts and circumstances of the case. Prayer for stay of operation of this order is summarily rejected. Application dismissed, no costs.