JUDGMENT 1. THESE four Letters Patent Appeals arise out of the judgment and order dated 9th December, 1983 of His lordship the Hon'ble Mr. Justice B. C. Ray dismissing the Writ petition filed by Madhab Kumar Bandopadhyay and fourteen other teachers of Ramkrishna Mission Vivekananda Centenary College, rahara (hereinafter called the said College). The said writ petitioner had, inter-alia, prayed for declaration that the ramkrishna Mission Vivekananda Centenary College was governed by the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Service Commission Act, 1978, for issue of a Writ of Mandamus Commanding the Government of west Bengal to re-constitute the Governing Body of the said college according to the standard pattern' for the Governing bodies of sponsored colleges "laid down under Order No. 752-EDN- (CS)/c. S. 80-3-77 in terms of the order dated 18th April, 1 978" and or quashing the appointment of Swami Shivamayaranda, the respondent no.- 14, as the Principal of the said college and also for commanding the Government to direct that the Principal- and teachers of the said college be appointed according to the provisions of the West Bengal College Service Commission act, 1978. 2. B.C. Ray. J. has hold that the said college had been established and was being administered by Ramkrishna Mission which was a religious minority and it was, therefore, entitled to protection under Article 30 (1) of the Constitution of India the learned Single Judge has held that the cult of Sri Ramkrishna was a new religion different from Hindu religion. Hence the provisions of the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Service Commission Act, 1 978 were not applicable to the said college. The learned judge further held as invalid three notices dated August 2. 1983 issued by the Calcutta University in accordance with statutes 9 3 and 9 4 of the Calcutta University First Statute, 1979 for reconstitution of the Governing Bodies of Ramkrishna mission Residential College, Narendrapur Ramkrishna Mission siksha Mandir Howrah and Ramkrishna Mission Vidya Mandir, howrah, B. C. Ray, J. accepted the claim of Sri Ramkrishna Mission that it was religious denomination but the learned Judge rejected the claim of the Mission that under Article 26 (a) of the constitution subject to public order, morality and health it had fundamental right to maintain the college. According to the learned Judge, a religious denomination under the said article 26 (a) has been given right to establish and maintain only religious and charitable institutions including institutions for imparting religious education in furtherance of the tenets or dogmas of the denomination or sect. The expression 'institutions for religions and charitable purposes' do not include institutions for imparting general education. The writ petitioners, Madhab Chandra Bandopadhyaya and others, have preferred F.M.A. T. No. 13 of 1934 against the order discharging their Rule. The State of West Bengal has presented F. M. A. No. 227 of 1984 against the said decision. Ramkrishna Mission has preferred an appeal against rejection of their claim to right under Article 26 of the Constitution of India 3. THE University of Calcutta has preferred its appeal (F. M. A. T. No. 42 of 1984) on the ground that the learned Judge was not justified in holding as invalid notices issued by the university for re-constituting, in accordance with Statutes 93 and. 94 of the Calcutta University First Statute, 1979, the Governing bodies of Ramkrishna Mission Residential College, Narendrapur, ramkrishna Mission Siksha Mandir, Howrah and Ramkrishna Mission vidya Mandir, Howrah. The said three institutions were not subject-matters of the present Writ Petition. Ramkrishna Mission or anyone else did not file any seperate Writ petition challenging the three notices dated August 2, 1983, issued by the Calcutta University concerning the said three other institutions. By filing before the learned Single Judge an application for interim orders in respect of the said notices issued by the calcutta University, Ramkrishna Mission claimed that as a religious minority it had established, and, therefore, was entitled to manage according to its own choice these three colleges. All the parties who might be affected by adjudication of the aforesaid questions concerning the said three institutions were not present before the court and' all the relevant materials were not produced. Therefore, it was not appropriate to pass any final order regarding the legality of the University's directions for re-constitution of the Governing Bodies of the said three other colleges while finally disposing of the Writ application concerning only Ramkrishna Mission Vevekananda centenary College, Rahara. But the learned Single Judge was fully entitled to decide the validity of the said notice issued by the Calcutta Univesity for re-constituting of the Governing body of Ramkrishna Mission Vivekananda Centenary College, Rahara. 4. But the learned Single Judge was fully entitled to decide the validity of the said notice issued by the Calcutta Univesity for re-constituting of the Governing body of Ramkrishna Mission Vivekananda Centenary College, Rahara. 4. BROADLY, three points arise for decision in these appeals preferred by Madhab Chandra Bandopadhyay and Ramkrishna Mission and others: 1) Whether the Ramkrishna Mission Vivekananda Centenary college, Rahara was established by the Ramkrishna Mission? 2) Do the followers of Ramkrishna constitute a religious denomination and whether the said Mission can claim rights under Article 26 of the Constitution of India 3) Whether the followers of Ramkrishna are a minority based oh religion and enjoy rights under Article 30 (1)of the Constitution of India? The Writ Petitioners' main contention was that the Principal of the college ought to be appointed according to the College Service Commission Act and the Governing Body of the College constituted according to the standard pattern' of the sponsored colleges. The West Bengal College Teachers (Security Service) ACT, 1975 and the West Bengal College Service Commission Act, 1978 contain almost identical provisions to the effect that nothing contained in the Acts would apply in relation to any college established and administered by any minority based on religion or language. It may be also pointed out that according to the Supreme Court decision in St- Xavier's College v. State of Gujarat AIR 1974 S. C. 1389 right to administer under article 30 include, inter- alia right to chose its Managing committee and right to appoint its teachers etc. The learned advocate appearing before us; have made their respective submissions on the basis that the two impugned Acts exclude only those' minorities who are covered by Article 30. If in case we affirm the learned Single Judge's finding that Ramkrishnaism is a minority based on religion and that it has established the College it would not be necessary further to decide the broader question about the extent of other regulatory measure which the State or the University may take in respect of educational institutions of minorities based on religion or language. 5. WE hold that the learned trial judge has correctly found the fact that Ramkrishna Mission had established the College. 5. WE hold that the learned trial judge has correctly found the fact that Ramkrishna Mission had established the College. The Supreme Court in the case of Aziz Basha v. Union of India, a. I. R. 1968 S. C. 662 (Para 25) was of the opinion that for purposes of Article 30 (1) of the Constitution, the word "establish" means to bring into existence' The ratio of the decision in the case of Aziz Basha v. Union of India (supra) was that source of the funds for establishment of an educational institution was not decisive. Therefore, even when funds were provided by the minority community but the University was brought into existence by enacting a statute, the said minority community could not claim that had established the University. 6. THE Supreme Court in the case of S. Aziz Basha v. Union of India (supra) has also laid down that the words "establish" and "administer" in Article 30 (1) of the Constitution must be read conjunctively. Therefore the minorities will have the right to administer educational institutions of their choice provided they have established them but not otherwise. The Supreme Court in the case of S. K. Patra v. State of Bihar AIR 1 970 S. C. 259 upheld the claim that the local missionaries -and Christians of Bhagalpore, Bihar had established the school in question in spite of the fact that the funds were partly obtained from Church Missionary Society, London. The supreme Court reversed the contrary finding of the Patna high Court. The Supreme Court in the case of S. K. Patra v. State of Bihar (supra) had again emphasised the fact that the local christians had taken the leading role, in established the fact that the local chriatains had taken the leading role in establishing the school in question. 7. THE facts of the present case amply prove that with aid of the Central Government and the State Government the Ramkrishna Mission had brought into existence the said College. Not only the Mission had taken leading part but it had also provided about 10 bighas land for the said College. The' Mission had taken all preliminary steps for shering in. the College. 8. Not only the Mission had taken leading part but it had also provided about 10 bighas land for the said College. The' Mission had taken all preliminary steps for shering in. the College. 8. IN paragraph 3 of their writ petition, the petitioners claimed that the College was established by the Government of India and the State Government for advancement of college education with a view to reducing the overcrowding in big colleges in Calcutta as recommended by the University Grants Commission, in his affidavit-in-opposition sworn by Swami Ramananda on behalf of the respondents 5 to 11,on the other hand, the deponent had asserted that the College was established by Ramkrishna Mission pursuant to mutual agreement made between the said mission Authorities, on the one hand, and the Union Government, Rehabilitation Department and the state -Government, Education Department, on the other, as a specially sponsored college with special constitution for its Governing Body with special rights sanctioned and/ox: recognised 'and/or- accepted by the State Government and the Calcutta University. It is significant that the State Government itself did not claim that it had established the said College. Subhendu Ghosh, Deputy secretary, Education Department, Government of West Bengal in Paragraph 5 of the affidavit-in-opposition, on behalf of the State Government merely stated that the college was being run and administered as a sponsored college in accordance with the rules and regulations made for such sponsored college and/or orders issued by the Government of West Bengal from time - to time and that the Government 'had been shouldering the entire financial burden or loss and/or deficit of the said College. Thus the College even according to the State Government is not a government college. The said College was 'government Sponsored College enjoying special constitution. The word 'sponsor' comes from the word 'spondera' which means to promise'. In ordinary parlance 'sponsor' means to guarante to stand as surety, one who presents a candidate or undertakes for some other person or thing'. A Copy of the terms and conditions of a sponsored college has been annexed to the affidavit-in-opposition of respondent nos. 5 to ii and 14 (vide Order No. 1 173/edn.-4c/47/56 dated 30.10.1956). In ordinary parlance 'sponsor' means to guarante to stand as surety, one who presents a candidate or undertakes for some other person or thing'. A Copy of the terms and conditions of a sponsored college has been annexed to the affidavit-in-opposition of respondent nos. 5 to ii and 14 (vide Order No. 1 173/edn.-4c/47/56 dated 30.10.1956). The term No. 1 was "no college will be taken up by the Government as a sponsored college unless there is specific request from the college authorities to that effect" thus, the Sponsored College scheme formulated by the State government did not provide for establishment of colleges directly by the State Government. The state Government under the scheme made capital grant and meets the deficit in running the college and imposed special terms and conditions for making such grants-in-aid. thus, under the Sponsored College Scheme the State Government made capital grant and also undertook to pay recurring grant towards the deficit in running the College. The Union Government also made capital grants to the college. The terms and conditions for sponsored colleges contained in the State Government Order No. 117 3/edn.-4c/147/56 dated 30.10.56 clearly indicated the State Government itself did not bring into existence such colleges. In Paragraph 3 of the said order the object of such taking up as a sponsored college was for providing a better standard of college education in those areas of state where such facilities did not exist. "as the bulk of the capital expenditure and also annual deficit in maintenance would be made from public funds, Government would have to take special care that the said colleges are being run efficiently and that the public funds are being properly utilised". The Governing Body of a sponsored college according to paragraph 9 of the said Order would be constituted as laid down in the order. The powers functions and duties of the Governing Body were also prescribed. The grant-in-aid rules of the college as laid down in the Bengal Education Code were made applicable to sponsored colleges so far as they were not inconsistent with the said Government order. 9. WE proceed to set out some of the salient facts relating to the establishment of the college and its management which clearly show that Ramkrishna Mission had established the college which has been administered according to the 'agreement between the State and the Mission Authorities. 10. 9. WE proceed to set out some of the salient facts relating to the establishment of the college and its management which clearly show that Ramkrishna Mission had established the college which has been administered according to the 'agreement between the State and the Mission Authorities. 10. THE respondents 5 to 11 and 4 have annexed to their affidavit-in-opposition a copy of a letter written by the then secretary, Education Department to Swami Punnyananda Maharaj of Ramkrishna Mission Boys Home, Rahara dated 19th July, 1961. Dr. D.N. Sen, Secretary, Education Department Government of west Bengal had stated therein that Mr. M. C. Khanna, the Minister of Rehabilitation, Government of India had suggested to the Chief Minister, West bengal that he was willing to sanction a grant of Rupees Two lakhs for setting up of a degree college at Ramkrishna Mission, Rahara who would be providing a suitable site subject to the conditions that the balance of the requirement of the college would be met by the State government. The Education Secretary, Government of West Bengal by his said letter dated 19th July, 1961 also informed the chief Minister by D.O. letter dated 30th June, 1961 had said that the State Government would be prepared to meet the balance of the requirements of the degree college provided an adequate site was given by the Ramkrishna Mission Authorities and a grant of Rs. 2 lakhs was made by the Ministry of Rehabilitation, government of India. Swami Punnyananda Maharaj was requested to take up preliminary works in regard to the plans and estimates for building etc. Ramkrishna Mission had accepted the said proposal and had proceeded to take steps for construction of the college building and to carry out other works for opening the said College. The Deputy Secretary, Education Department, government of West Bengal by a Memo dated 29th October, 1961 had informed the Director of public Instruction, Government of West Bengal that the Governor bad been pleased to approve the proposal for setting up a three-year degree college under the auspices of Ramkrishna Mission Boys" Home Rahara. The College would be located at Rahara for which the Mission Authorities had acquired a site. The Deputy Secretary, Education Department also conveyed the approval to the construction of the building at the estimated cost of Rs. 725000/- which was to be shared by the State Government and the Government of India. The College would be located at Rahara for which the Mission Authorities had acquired a site. The Deputy Secretary, Education Department also conveyed the approval to the construction of the building at the estimated cost of Rs. 725000/- which was to be shared by the State Government and the Government of India. The Committee of Ramkrishna Mission Boys Home which was a branch of Ramkrishna Mission was allowed to carry out the works necessary for setting up of the College (vide letter of the Deputy Secretary, Government of West Bengal Education department dated 25th April, 1962 to the Director of Public instruction, West Bengal), On 25th April 1962 the Deputy Secretary wrote a letter to the Registrar, Calcutta University, inter -alia, that the said college was going to be set up at rahara under the auspices of Ramkrishna Mission Boy's Home, rahara and it would be run as A Government Sponsored College and the deficit in the cost of account of its maintenance would be met by the Government. The Deputy Secretary, Education Department further stated that the Authorities of the Mission had proposed that the management of the college be vested in a government Body formed by president, Vice-President, Secretary, principal one. Donor representative, two Guardian representatives and two educationists who were to be nominated by the mission Two teachers representatives to the Governing Body were to be, elected by Teachers from the permanent staff. The director of Public Instruction was to nominate a member of the Governing Body On the same date the Deputy Secretary informed the Director of Public instruction that pending approval of the Special Constitution of the Governing Body of the college the existing Committee of Ramkrishna Mission Boys Home, Rahara may; be permitted to carry on with the works necessary for setting up of the college until further orders. While recommending to the Registrar, Calcutta University that the college be granted affiliation up to "b. A. /b. Sc. courses, the Director of Public instruction in his letter dated 29th August, 1962 had stated that the college was being inaugurated under the auspices of the Ramkrishna Mission Boys' Home Rahara and will function as a sponsored college with financial assistance from the State government and Union Government. The Director of public instruction also requested that the special Constitution of the Governing Body of the college may be approved. 11. The Director of public instruction also requested that the special Constitution of the Governing Body of the college may be approved. 11. THE Vice Chancellor and the Syndicate of the University of Calcutta had caused an inspection of the college to be made by a Committee of seven members which recommended that affiliation be granted to the collegia and had stated inter -alia in their report, "it is quite in fitness of things that the college is being ushered into existence in commemoration of the birth centenary of Swami Vivekananda, who contributed so much to the uplift of the downtrodden and building up of national character of education The management of Ramkrishna Mission boys' Home, Rahara has taken up on itself the task of giving shape to the educational ideals of Swamiji and is organising the proposed institution which, will function as. a sponsored college with financial assistance from State Government as well as from the Ministry of Rehabilitation, Government of India". The University had accordingly granted affiliation and had also sanctioned special constitution for the Governing body of the said college. 12. THE Governing Body of the said College was never constituted according to the standard pattern' of other sponsored college. The same had been all along constituted according to the agreement between the State and the Ramkrishna Mission. Ramkrishna Mission had been [nominating the President, Vice president, Secretary, Principal, Donor representatives, guardian representatives, educationists to the Governing Body. The Director of Public Instruction, Government of West Bengal had been sending a nominee. Two teacher representatives selected by the teachers were members of the Governing Body. The Governor from time to time had issued notifications constituting the governing Body of the college with the said personnel. Education department, Government of West Bengal by a Memo dated 16th january, 1971 conveyed the order of the Governor regarding the composition of the Governing Bodies of the Sponsored College except those which were being run by Missionary Societies on the basis of agreement with the respective Missions. The deputy Secretary Education Department, Government of West bengal in paragraph 1 (e) of its said letter had stated that in their application to the case of Specially Sponsored Colleges such as colleges managed by Ramkrishna Mission, Christian Order, missionary Society, Brahma Samaj Trust Deed, Government may modify the Rules according to the exigencies of the circumstances subject to mutual agreement with the Mission/society/parties concerned. The Governing Body of the college had been continued to be nominated from time to time in accordance with the Special constitution of the College. One of the contentions of the writ petitioners is that re constitution of Governing Body of the College ought to be now made according to the 'standard pattern' for composition of Governing Bodies of sponsored colleges laid down by the Memo of the Deputy Secretary, Education department, College Sponsored Branch dated 19th April, 1978. The Deputy Secretary to the Government of West Bengal in the first paragraph of his said Memo dated 18th April, 1978 stated that the Government had been feeling the necessity of revising the existing pattern for composition of Governing Bodies of government Sponsored Colleges excepting in cases where the college had a special constitution on the basis of trust deed or where the college was run by the Missionary Societies on the basis of agreement with the respective Missions. Ramkrishna mission Vivekananda Centenary College, Rahara all along enjoyed special constitution and it was being run on the basis of the agreement with the Ramkrishna Mission and the Government. Therefore, the said standard pattern' laid down by the State Government Memo dated 18th April, 1978 did not apply to Ramkrishna mission Vevekananda Centenary College, Rahara. In case the followers of Sri Ramkrishna constitute a minority based on religion acceptance of Government aid for the college would not necessarily amount to abandonment of the right of the Mission to manage and administer the said college. As a consideration for granting aid to a minority institution the Government may impose conditions and frame regulations but such conditions and regulations must be reasonable and not amounting to deprivation of the minority community's right under Article 30 (1) of the Constitution (vide Kerala Education bill, A.I.R. 1958 S.C. 956, St. Xavier's College v. State of gujarat, A.I.R. 1974 S.C. 1389). 13. WE accordingly affirm the trial court's finding that Ramkrisna Mission had established the college. We proceed to consider whether the followers of Ramkrishna constitute a minority based on religion and whether Ramkrishna Mission which had established the college could claim, in relation to the same, fundamental Right under Article 30 of the Constitution. 14. MR. 13. WE accordingly affirm the trial court's finding that Ramkrisna Mission had established the college. We proceed to consider whether the followers of Ramkrishna constitute a minority based on religion and whether Ramkrishna Mission which had established the college could claim, in relation to the same, fundamental Right under Article 30 of the Constitution. 14. MR. Bhunia, learned advocate appearing on behalf of Madhab kumar Bandopadhyay and others, appellants in F. M. A. T. No. 13 of 1984, has contended before us that neither Sri Ramkrishna nor Swami Vivekananda had established any religion diffeent from Hindu religion. The preaching of Sri Ramkrishna has recorded in Ramkrishna Kathamrita and other books were derived from vedas and Upanishadas. Sri Ramkrishna had only explained the precepts of Hindu religion in simple language. Sri Ramkrishna used to repeatedly refer to the interpretation of Vedanta by sankaracharya, Ramanuja and other Hindu religious thinkers and attempted to reconcile the different approaches in Hindu philosophy regarding the conception of God and the processes for its realisation. According to Mr. Bhunia, Sri Ramkrisna was not the founder of any religion but at the highest he had propounded a philosophy for harmonising and reconciling the different approaches in Hindu philosophy regarding the conception of God and the process of its realisation. He had also attempted to harmonise and reconcile different system of world religion, namely Hindu, Christians and Islam. Sri Ramkrishna was born as a Hindu and he was a Priest of Goddess Kali of dakshineswar Temple whom he had all along worshipped. Mr. Bhunia has further contended that Swami. Vivekananda who was the chief disciple of Sri Ramkrishna, really preached Adwaityabad which is part of Hindu religion. He went to attend the World Parliament of Religions at Chicago as a representatives of Hindu. He delivered lectures on Vedanta Philosophy. After his return to India, Swami Vivekananda had continued to spread Vedanta philosophy as propounded by Sri Ramkrishna. He had extensively written and spoken about Hindu view of life whose basis tenet was that every man was a part of the Ultimate Reality. The appellants in F.M.A.T. No. 13 of 1 984 have claimed that the monks of Ramkrishna, Math are Hindu Sannyasis and Ramkrishna math and Ramkrishna Mission have continued to observe and follow various rituals and practices prescribed by Hindu religion. Accordingly,' the claim that Ramkrishna its form a religious minority is mis-conceived and erroneous. The appellants in F.M.A.T. No. 13 of 1 984 have claimed that the monks of Ramkrishna, Math are Hindu Sannyasis and Ramkrishna math and Ramkrishna Mission have continued to observe and follow various rituals and practices prescribed by Hindu religion. Accordingly,' the claim that Ramkrishna its form a religious minority is mis-conceived and erroneous. Besides Article 25 to 28, "religion" and its cognate expressions appear in Articles 15 (1), 15 (2), 16 (2), 16 (5), 23 (2), 29 (2) of the Constitution of India. But Constitution does not contain definition of the said expression Courts of law have repeatedly pointed out that the term 'religion' is hardly susceptible of any rigid definition. B. K. Mukherjee, J. (as he then was) in the case of Commissioner, Hindu Religious and charitable Endowment, Madras v. Sri Laxmindra Tirtha Swamier of Sri Sirur Math AIR 1954 S. C. 290, had observed, inter -alia, "religion undoubtedly, has its basis in a system of beliefs or doctrines which are regarded by those, who profess that religion, as conducive to their spiritual well-being, but it would not be correct to say that religion is nothing but a doctrine or belief. A religion may not only lay down a code or ethical rules for its followers to accept, it might prescribe rituals, observances, ceremonies and codes of worship which are regarded as integral parts of religion and these forms and observance might extend even to matters of food and dress". The same learned Judge in the case of Ratilal Danachand Gandhi v. State of Bombay, A.I.R. 1954 S.C. 388 had observed inter-alia religion was not necessarily theistic and in fact there were well-known religions in India like Buddhism and Jainism which did not believe in the existence of God or of any Intelligent First Cause. According to the learned Judge, the religion consists both of beliefs and doctrines and also outward expressions and acts. Above enunciation of the expression "religion" made by S. K. Mukherjee, J. has been consistently followed and applied in the subsequent decisions of the Supreme; Court. 15. SUBJECT to public order, morality and health and subject to the other provisions of Part -III all persons under Articles 25 (1) are equally entitled to freedom of conscience and to profess, practice and propagate religion. In other words, Article 25 (1) guarantees freedom of conscience and free profession, practice and propagation of religion'. 15. SUBJECT to public order, morality and health and subject to the other provisions of Part -III all persons under Articles 25 (1) are equally entitled to freedom of conscience and to profess, practice and propagate religion. In other words, Article 25 (1) guarantees freedom of conscience and free profession, practice and propagation of religion'. Nothing in Article 25 would affect the operation of any existing or future law (a)or restricting any economic, financial, political or other secular activity associated with religious practice, (b) providing for social welfare and reform or throwing open hindu religious institutions of a public character. 16. SUBJECT to public order, morality and health, every religious denomination or section under Article 26 has freedom to manage religious affairs. While a denomination under Article 26 (b) has right to administer property in accordance with law, its right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion under clauses (a) and (b) of Article 26 have not been qualified by similar expression 'in accordance with law'. In course of his submission that Sri Ramkrishna's teachings were mere philosophy and not religion, Mr. Bhunia compared him to Sri Aurobinda. He relied upon the majority view of the supreme Court in the case of S.P. Mittal v. Onion of India, A.I.R. 1983 S.C. 1. The said decision is distinguishable on facts, because no analogy can, be drawn between the philosophy of sri Aurobinda and the teaching Sri Ramkrishna The majority view was that according to Sri Aurobinda and the Mother themselves, integral Yoga and their teachings did not constitute a religion titterings of Sri Aurobinda and the Mother according to majority decision, showed that Sri Aurobinda Society and auroville were not religious institutions because they themselves has claimed that they had no religion. It is significant that in the case of S. P. Mittal v. Onion of India (Supra), sri Aurobinda Ashram Trust itself was not a party. Sri Aurobinda society which was registered body under the Societies Registration Act and some individuals as petitioners challenged, interalia, the vires of the Auroville (Emergency Provisions) Act, 1980. It is significant that in the case of S. P. Mittal v. Onion of India (Supra), sri Aurobinda Ashram Trust itself was not a party. Sri Aurobinda society which was registered body under the Societies Registration Act and some individuals as petitioners challenged, interalia, the vires of the Auroville (Emergency Provisions) Act, 1980. Misra,j. in paragraph 104 of the judgment had also recognisd that there were certain other attributes which indicated that the followers of Sri Aurobinda constituted a religious denomination, e.g. chanting of Mantras specially prepared by sri Aurobinda, a particular symbol was also used and samadhis of Sri Aurobinda and the Mother were places of pilgrimage, where meditation was practiced. But, the majority was of the view that Memorandum of Association of Sri Aurobinda Society did not speak of any religion. According to the majority view, even assuming but. not holding that the society or the Auroville were religious denominations the taking over management of auroville was not hit by Articles 25 and 26 of the Constitution. The impugned statute did not curtail the freedom of conscience and the right to profess, practice and propagate religion. Taking over the Auroville amounted to taking over management of property and not infringing the right of the denomination to manage its religious affairs. Chinnappa Reddy, J. in his minority judgment upheld the claim that Sri Aurobinda was religious teacher and taught new religious doctrine and practice and that there was no reason why Aurobindoism could not be classified if not as a new religion as a new sect of Hinduism and why the followers of Sri Aurobinda could not be termed a religious denomination. But Chinnappa Reddy, J also concurred with the majority view that the impugned Auroville Emergency provisions) Act, 1980 was intra vires. It would not be correct to contend that Sri Ramkrishna's preachings were mere philosophy. One of the meanings of 'philosophy' is search for truth through logical reasoning. Philosophy is also considered as the furnishing ground of concepts expressing fundamental belief. It has been said "sri Ramkrishna's life is a story of religion in practice" a shining embodiment of Godliness. As the priest of Goddess Kali at Dakshineswar, sri Ramkrishna had embarked upon series of religious experiences which according to his followers and admirers ultimately resulted in his achieving sublimity and eternal bliss. It has been said "sri Ramkrishna's life is a story of religion in practice" a shining embodiment of Godliness. As the priest of Goddess Kali at Dakshineswar, sri Ramkrishna had embarked upon series of religious experiences which according to his followers and admirers ultimately resulted in his achieving sublimity and eternal bliss. Sri Ramkrishna worshipped the Goddess Kali as the symbol of eternal truth and for realisation that Bramhasakti is the source of all creation and of life (vide Sri Ramkrishna and His Unique Message by Swami Ghananda, PP. 42-45). Sri Ramkrishna had practised different spiritual disciplines. In his irrepressible spiritual urge he had practised Sadhana according to various paths of hindu religion, namely, Tantra Bhakti and Jnana. He successively adopted the five modes of Vaisnava Sadhana. Spiritual wondering of Sri Ramkrishna did not end. He verified truths of other religions by successive practices of tenets of Islam and Christianity He had also faith and reverence in Buddha and the teachings Jainism and Sikhism. Range of Sri Ramkrishna's spiritual Experiences was breath takingly wide and the same formed steps in his realisation, of synthesis or harmony of different religions. His life is a confirmation of unity of religions by spiritual experiences. He realised unity by practicing different religions. It was left to his disciples to spread his Religion Universal which they named Vedanta. 17. DR. Radhakrishnan in his book 'eastern Religions and Western Thoughts' - 3rd Indian Impression, 1977 at page 31 refers to Ramkrishna in the following terms:-Ramkrishna experimented with different faiths, nested them in his own person to find out what is of enduring worth in them. He meditated on Koran and practiced the prescribed rites. He studied Christianity and lived like a Christian anchorite. Buddha, Christ and Krishna, he declared were forms of the supreme and they are not all. The monks of the Ramkrishna order join in any worship which is pure and noble and celebrate the birth-day of krishna, Christ and Buddha". Thus, as a part of their Religion Universal, the monks' of Ramkrishna Order worshipped and venerate not only deities and incarnations of different religions and, therefore, their performance of Durga Puja does not prove that they are only hindus and nothing else. 18. THUS Sri Ramkrishna did not eschew religion. His whole life was so to say, a voyage of discovery of the eternal truth in every religion. He was intensely religious. 18. THUS Sri Ramkrishna did not eschew religion. His whole life was so to say, a voyage of discovery of the eternal truth in every religion. He was intensely religious. We have noted that not only he had successively practised Sadhana according to different schools of Hindu religion, he had also treated paths of other religions like Islam and Christianity and discovered the essential unity in religions which he' considered as only different paths for achieving the same ultimate goal. Sri Ramkrishna himself, no doubt, never formed any organisation for preaching his religious view but he had initiated a group of disciples led by Swami Vivekananda who carried forward His message to the world and established well-knit organisation. It has been said that if Sri Ramkrishna was the thought - Swami vivekananda was the expression. We would presently refer to the Trust Deed and the Memorandum of Registration of Ramkrishna mission. The said organisation) were formed to give concrete shape to the message of Sri Ramkrishna. Ramkrishna is in now not only consists of opinions and doctrines about the Ultimate reality but it indicates the outward expressions and acts which are necessary to be performed far achieving their goal. Ramkrishnaism has now become a cult or a religion. Its - central tenet is "for the freedom of. self and good of the world" Sri Ramkrishna had preached divinity of man and prescribed the doctrine of worship of man, for achieving salvation. It is now universally recognised that Sri Ramkrishna and his disciples, foremost of whom was Swami Vevekananda, had initiated one of the most remarkable religious movements of the recent times. Prof. Arnold Toynbee in his foreword to the bock Sri. Ramkrishna and His Unique Message had written Sri 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 lived and this is the field in which Sri Ramkrishna manifested his uniqueness". 19. HISTORY of the establishment of Ramkrishna Mission and ramkrishna Math also indicates that they were formed for professing and also for propagating the religion of Sri Ramkrishna. Being initiated by Sri Ramkrishna, a monastery of Ramkrishna order was established at Baranagar in the year 1886. 20. 19. HISTORY of the establishment of Ramkrishna Mission and ramkrishna Math also indicates that they were formed for professing and also for propagating the religion of Sri Ramkrishna. Being initiated by Sri Ramkrishna, a monastery of Ramkrishna order was established at Baranagar in the year 1886. 20. ON 30th January 1901, Swami Vivekananda had created a trust in respect of Belur Math by executing and registering a Debuttar Deed and Declaration of Trust. He recited in the said deed that he had purchased the properties with a view to secure a permanent location for the emblem and' relics of his Guru Thakur Ramkrishna. The deed also recited that the de-cation was being made for the service of use and benefit of the said Thakur. The object of the said trust was inter alia, for carrying on (a) the performance of daily and periodical seva and worship of Thakur Sri Ramkrishna and for feeding, clothing and maintenance and support of the Chelas of the said Thakur, (b) propagation and advancement and furthering of the cult of the said thakur. The trust deed empowered the trustees to (i) recognise sannyasis professing religion preached by Sri Ramkrishna as a disciple or Chela of the said Thakur (ii) to admit at their discretion any Sannyasi or a religious devotee into the said math (iii) to have such celebration in connection with the said Thakur (iv) to regulate how the cult of the said Thakur was to be performed and worked and of matters connected therewith (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. The respondents have also produced the Rules and Regulations of Sri Ramkrishna Math which inter alia provide that Ramkrishna Math is an institution of Sannyasi established to help individuals to work their own liberation and also to train them to serve the world in every possible way along the lines laid down by "bhagaban Sri Ramkrishna". The Ruls and regulations also lay down that all the activities of the Math and the branch Maths and its centres would be confined to the objects and principles of the cult or religion of Sri Ramkrishna and to propagation, advancement and furtherance of the same through publication of books etc. The Ruls and regulations also lay down that all the activities of the Math and the branch Maths and its centres would be confined to the objects and principles of the cult or religion of Sri Ramkrishna and to propagation, advancement and furtherance of the same through publication of books etc. and establishment of temples, prayer halls and educational cultural and charitable institutions and also other forms of preachings and seva which should be conducted along the lines of the Universal Principles of sri Ramkrishna. The Rules and Regulations contain detailed provisions for admission to the Ramkrishna order of monks, regarding disciple, trustees meetings, office bearers and their management etc. 21. THE respondents have also produced the Memorandum of Association of the Ramkrishna Mission 'which was registered on 4th may, 1909 under the Societies Registration Act, 1860. The said memorandum of Association was subsequently revised according to the West Bengal Societies Registration Act, 1961. According to the said Memorandum, the object of the" Association, inter alia, (a) to impart and promote study of 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 arts, sciences, industries, (c) to train teachers in all branches of knowledge, (d) to carry on educational work among the masses, (e) to establish, maintain, carry on and assist schools, colleges, universities....hospitals…..and other education and/or charitable works or institutions of a Like nature. According to the Rules and Regulations of the Ramkrishna Mission, all followers whether or monastic of Paramhansha Ramkrishna, may be a member of the Association if elected at a meeting" of the Association or nominated by the Government Body. A person intending to be a member is required to sign a prescribed form, inter alia, declaring that he looks upon Sri Ramkrishna as an illustration and embodiment of the Religion Eternal, whose life and teachings helped to understand the plan and purpose of all religions of the world and their underlying truth and harmony. Intending member is further required to declare that he looks upon all religions as paths to God and that he shall try to live in peace and fellowship with the followers of all religions. The trustees under the aforesaid Deed of Trust of Belur Math dated 30th January, 1901 from the Governing Body of Ramkrishna Mission. 22. MR. Intending member is further required to declare that he looks upon all religions as paths to God and that he shall try to live in peace and fellowship with the followers of all religions. The trustees under the aforesaid Deed of Trust of Belur Math dated 30th January, 1901 from the Governing Body of Ramkrishna Mission. 22. MR. Bhunia has submitted that Ramkrishna Mission being a Society registered under the Societies Registration Act could not have as one of its objects, propagation of religion. According to Mr. Bhunia charitable purpose within the meaning of section 20 of the Societies Registration Act 1860 did not include religious purposes. In this connection, he had relied upon the decision of the Patna High Court in the case of Md. Yunus v. The Inspector General of Registration and others, A.I.R. 1980 Pat. 138. In the said case a Division Bench of the Patna High Court, inter alia held that the expression "charitable purposes" used in Section 20 of the Societies Registration Act, 1860, did not embrace purposes which were religious or predominantly religions. Accordingly, registration of a society which had been formed with object of management, supervision and control of a mosque and madrasa was held to be bad. The Allahabad High Court in the case of Anjuman is lamia of Mutta v. Nasiruddin (1906) I.L.R. 28 All. 384 and the Madras high Court in the case of Khaji Muhammad Hussain Sahib v. Mahiday Mahmood Jamait Managing Committee, Puddupet, A.I.R. 1940 mad. 167 took contrary views regarding the effect of inclusion of religious purposes amongst the objects of registration of the society under Societies Registration Act 1860. The Madras high Court in the said reported case held that a society for religious purposes would ordinarily be a Society for charitable purposes and, therefore, its registration would be legal. The madras High Court was of the view that Indian Legislature had made no distinction between religious and charitable purposes. The Allahabad High Court in their decision just referred to was of the opinion that where a society was formed for certain purposes whose paramount object was charitable, the fact that some of the purposes might not be strictly charitable but religious would not render the society nonetheless a charitable society, if the purposes was on intended to benefit the public or a considerable portion of the public. According to the Madras high Court improvement of Islamic education and rendering of pecuniary help to poor Musafirs were charitable purposes. A subsequent decision of the Allahabad High Court reported in the case of Shanti sarup v. Radhaswami Sansang Sabha, A.I.R. 1969 All. 248, considered whether registration under the Societies Registration Act of Radhaswami Satsang Sabha, Agra was valid. Relying upon the decisions reported in Anjunan Islamia of Muta v. Hasuruddin (Supra), Khaji Muhanmad Hussain Sahib v. Md. Jamait Managing Committee, (Supra) and in Radha Swami satsang Sabha v. Tarachnd, A.I.R. 1939 All. 557, the court held that a society some objects of which are charitable and some are religious but the paramount object of which is charitable may be validly registered under the Societies Registration act. We respectfully agree with the above principles of law. Therefore, the fact that Sri Ramkrishna Mission, was registered under the Societies Registration Act did not preclude the said mission from having religious purposes among its objects. There is also considerable substance in the contention made on behalf of the Ramkrishna Mission that advancement of religion has been all along recognised both in England and in India as one "of the principal four Divisions of Charity (vide Halisburys laws' of England, 4th Edition, paragraph 513). The Societies registration Act does not contain any express provision excluding religious purpose as one of the objects of charity. Further, the Memorandum of Association of the Ramkrishna Mission has since been revised under the West Bengal Societies Registration act, 1961. Mr. Gupta has also pertinently pointed out that it is always open to persons professing a religious faith to form a society and to have it registered under the Societies registration Act. They are free to profess and practice their religion. In the present case we are not concerned with the effect on its registration by reason of inclusion in the Mission's Memorandum of Association the object of imparting and permitting study of Vedanta and its principles as propounded by Sri Ramkrishna and practically illustrated by His own life and of comparative theology in the widest form. We have already noted the Memorandum of Registration of Ramkrishna Mission also mentioned inter-alia, the following (a) to impart and promote study of arts, science, industries etc, (b) to carry ows educational work among the masses (c) to establish, maintain and carry on schools, colleges, universities, hospitals etc. 23. We have already noted the Memorandum of Registration of Ramkrishna Mission also mentioned inter-alia, the following (a) to impart and promote study of arts, science, industries etc, (b) to carry ows educational work among the masses (c) to establish, maintain and carry on schools, colleges, universities, hospitals etc. 23. WHEN one attempts to define Hinduism he is confronted with many difficulties. Gajendragadkar, C. J. in the case of yagnapurush Dasji v. Muldas, A.I.R. 1966 S.C. 1119, had recognised that it was difficult if not impossible to define Hindu relilgion or even adequately describe it. Quoting from Dr. Radhakrishnan's book Hindu View of Life, the learned Judge had observed that the term 'hindu' had originally a territorial and not a creedal significance. It implied residence in a well defined geographical area. Dr. Radhakrishnan in his said book had observed that the contents of Hinduism have altered from age to age. After quoting Dr. Monier William's view about Hindu religion, Gajendragadkar, J. in the aforesaid case held that beneath the diversity of philosophic thoughts, concepts and ideas expressed by Hindu philosophers, lie certain broad concepts which could be treated as basis. The first among these was the acceptance of the Vedas as the highest authority in religious and philosophical matters. Other basis concepts were acceptance of the view of the great world - rhythm, vast periods of creation, maintenance and dissolution follow each other in endless succession. We also add that Varnashrama (caste system) theory of re-birth, etc, are the other salient features of Hinduism. The learned Judge observed that all systems of hindu philosophy believe in re-birth and pre-existence. Mr. Bhunia has drawn our attention to the observations of Gajendragadkar, C. J. in paragraph 37 of his judgment:- "the development of Hindu religion and philosophy show that from time to time saints and religious reformers attempted to remove from Hindu thought and practice elements of corruption and superstition that led to formation of different sects; Buddha started Buddhism, Mahavir founded Jainism Basava became the father of Lingaet religion. . . . Guru Nanak inspired Sikhism, Dayanand founded Arya samaj and Sri Chaitanya began Bhakti cult and as a result of the teachings of Sri Ramkrishna and Swami Vivekananda, hindu religion flowered in its most attractive, progressive and dynamic form. " (See also S. P. Mittal v. Union of India (Supra) at pages 31-32) 24. . . . Guru Nanak inspired Sikhism, Dayanand founded Arya samaj and Sri Chaitanya began Bhakti cult and as a result of the teachings of Sri Ramkrishna and Swami Vivekananda, hindu religion flowered in its most attractive, progressive and dynamic form. " (See also S. P. Mittal v. Union of India (Supra) at pages 31-32) 24. WE are unable to hold that in the above quoted passage the learned Chief Justice had intended to lay down that all the faiths and beliefs mentioned by him have continued to form part of Hindu religion. He only pointed out that, out of Hindu religion and philosophy these different faiths and religions had evolved and developed. ' Some of the religious teachers while remaining within the folds of Hindu religion, attempted to reform and rationalize, other religious teachers founded separate and distinct religious faiths. It was not within the scope of the said decision to determine whether all or any of these faiths had continued to form part of Hindu religion. Sikhs, jains and Buddhists may be still governed by same personal law' as Hindus but the same does not establish that their Religions which arose out of dissent from Hindu Religion still form part of the Hindu Religion (see paragraph 11 of the decision in Wealth Tax Commissioner, West Bengal v. Sm. Champa kumari Singhi, A.I.R. 1972 S.C. 2119). We may also respectfully point out that according to Explanation (ii) to Article 25 (2)of the Constitution only for purpose of providing welfare and reform or for throwing open religious institutions of a public character, reference to Hindus would be construed as including a reference to persons professing Sikh, Jain or Buddhist religion. The said explanation (ii) of Article 25 (2) is of no relevance for deciding who would be considered as minorities based on religion or language within the meaning of Article 30 of the Constitution. In Yagnapurush Dasji's case (Supra), the supreme Court came to the conclusion that Swarninarayan sect was not a religion distinct and separate from Hindu religion because the watchward of the founder of the said sect was devotion to Krishna with observance of duty and purity of life. Philosophically, the founder was a follower of Ramanuja and essence of his teaching was that every individual should follow the main Vedic injunctions of a good pious and religious life. Philosophically, the founder was a follower of Ramanuja and essence of his teaching was that every individual should follow the main Vedic injunctions of a good pious and religious life. Swarninarayan was held to be a Hindu saint who was determined to remove corrupt practices which had crept in the said religion. The Supreme Court in the case of D.A.V. College, Jallundhar v. State of Punjab, A.I.R. 1971 S.C. 1 737 and in the case of D.A.V. College, Bhatinda v. State of Punjab, A.I.R. 1971 S.C. 1731, upheld the claim that the followers of Arya Samaj ought to be considered a religious minority at any rate as part of Hindu religious minority in the State of Punjab. The court found it unnecessary to determine whether Arya Samaj was also a religious denomination as the same did not arise for consideration. In the said two cases the Supreme Court held that the Arya Samaj admitted to membership only those? hindus who subscribe to the decalogue and belief in the cannon of Vedic interpretation as laid down by Swami Dayananda. In order to be an Arya Samajist, non-Hindus, such as Muslims and christians were required to undergo a ceremony of purification or Suddhi. Thus, in these two reported cases the Supreme' Court again emphasises acceptance of the Vedas as one of the rests for determining whether Arya Samaj is form part of Hindu minority in Punjab. Secondly,' the Supreme Court had considered arya Samaj as a reformist movement which rejected manifold absurdities found in Smritis and in tradition and attempted to establish a purer and more rational faith. 25. THE learned trial judge has held that the cult and teachings of Sri Ramkrishna constituted a minority religion and gave, inter-alia, the following grounds on which the religion of Sri Ramkrishna was distinct from all other cults or religions including the traditional Hinduism:- (i) the religion of Sri Ramkrishna looks upon his as an illustration and embodiment of Religion Eternal which constitutes the core of religious ideals and permits his worship through image,. (ii) It tolerates all religions and accepts them to be true. It considers all religions to be only different paths leading to the same goal. (iii) It believes in the divinity of man and its practice including worship of man. (ii) It tolerates all religions and accepts them to be true. It considers all religions to be only different paths leading to the same goal. (iii) It believes in the divinity of man and its practice including worship of man. The fact that Sri Ramkrishha never expressly adjured hindu religion and his disciples had sometimes described them as Hindu monks would not be Decisive. Chinnappa Reddy, J. in the case of S. P. Mittal v. Union of India (Supra) in paragraph 20 of his judgment had pointed out that in origin the founder may not have intended to found any religion at all. He may have merely protested against some rituals and observances, he may have disagreed with the interpretation of some earlier religious tenets. What he said, what he preached and what he thought his protest, his dissent, his disagreement might have developed into a religion in the course of time or even during his life time History...and perception of the community may make a religion out of what was hot intended to be a religion and he may be held as the founder of the new religion Chinnappa reddy, J. had referred to the examples of Buddhism, Jainism and Christianity. Neither Buddha, nor Mahavir nor the Christ ever thought of founding a new religion, yet three great religions bear their names. We respectfully agree with the above observations of Chinnappa Reddy, J. which would equally apply to the teachings of Sri Ramkrishna and his followers. The learned Judge in the aforesaid Case had indicated some of the pertinent tests consciousness of the community, how does the fraternity regard itself, how does others regard the fraternity etc. We may have to look to a host of other circumstances, such as, origin and history of the community, beliefs and doctrines professed by the community the rituals observed by the community, what the founder was understood by his followers to have taught, etc. 26. MR. Bhunia repeatedly emphasises that Sri Ramkrishna and His followers like Swami Vivekananda claimed that they were preaching true Vedanta. In approaching this question, it is necessary to bear in mind the distinction that has been always made between the Hindu way of thinking and the Hindu way of life. Dr. 26. MR. Bhunia repeatedly emphasises that Sri Ramkrishna and His followers like Swami Vivekananda claimed that they were preaching true Vedanta. In approaching this question, it is necessary to bear in mind the distinction that has been always made between the Hindu way of thinking and the Hindu way of life. Dr. Radhakrishnan in his book 'hindu Way of Life' has pointed out that one aspect of Hindu religion is reaction to Wonder and awe of existing leading to speculation about theories of existence, life and the Ultimate Reality. Another aspect of Hindu religion is its moral code or behaviour. "Dr. Radhakrishnan in his said book described Vedas as the chief sacred scriptures of the Hindus which register the institution of perfected souls. They regard the spiritual experience of souls strongly endowed with the sense of reality. According to Dr. Radhakrishnan, Hindu philosophy and religion start from and return to an experimental basic We have been also referred to the book. The Fundamental of Hinduism, written by Dr. Satish chandra Chatterjee, who described Hinduism as a synthesis of different types of religious experiences Each type of religious experience has been taken as the foundation of one kind of religion. There was fundamental distinction between Sri Ramkrishna and his disciples, on the one hand, and other Hindu social and religious reformers on the other. Sri Ramkrishna and his disciples did not endeavour to initiate any reform movement for eradication of social and religious practices among the hindu and establish 'pure form' of Hindu religion. The religious concepts of Sri Ramkrishna and the practices associated with them were basically different. Sri Ramkrishna seeks to establish harmony and unity in religious of the world on the basis of neo-Vedantaism or New Adityabad. The Religion Universal of sri Ramkrishna accepts religious faiths of other religious as equally true and considers them as separate paths for achieving the same goal. Religion is relationship with God. Such relationship may be realised and practiced according to individual's own choice of the particular path depending upon his own requirement. In order to be a follower of Sri Ramkrishna, non-Hindus are not required, to embrace Hinduism and to undergo suddhi or any other form of purification. He could continue to profess and practice his own religion and at the same time be a follower of Sri Ramkrishna's faith. Thus, there is no necessity of surrendering one's own religion. In order to be a follower of Sri Ramkrishna, non-Hindus are not required, to embrace Hinduism and to undergo suddhi or any other form of purification. He could continue to profess and practice his own religion and at the same time be a follower of Sri Ramkrishna's faith. Thus, there is no necessity of surrendering one's own religion. For the followers of Sri' Ramkrishna individual salvation is no longer the goal but salvation of the entire mankind is the goal of true religious pursuit - It is true that several other Hindu and buddhist thinkers had also laid stress upon transcendental unity of religious (vide Towards a New World by. Dr. S. Radhakrishnan). G.P. Conger in his Stephanos Nirmalendu Ghosh Lectures 1954-55'has also mentioned about the development of the concept of unification of different religions. But it was Sri ramkrishna -and his disciples who gave concrete shape to the concept of Religion Universal covering not only different schools of Hindu faith but also other religions of the world. 27. UNDOUBTEDLY, thoughts of Sri Ramkrishna and Swami Vivekananda were based on Vedanta. But their philosophy and religion were not identical' with the Traditional Vedantabad. Dr. Satish chandra Chatterjee, formerly Head of the Department of Philosophy, Calcutta University, in his book, Classical Indian Philosophers Their Synthesis in the Philosophy of Sri Ramkrishna, published by the University of Calcutta, 1963, has described sri. Ramkrishna's philosophy as Samanvayi Vedanta in the sense of being a synthesis of all the schools of Hindu Law Dr. Chatterjee in Chapter X of the said book has discussed in detail, the said philosophy of Sri Ramkrishna. He has, inter-alia, observed that Sri Ramkrishna's experiences go beyond the Veda and the Vedanta. According to him, the impersonal absolute and the personal God are not two different realities unrelated to each other, nor are they different realities inseparably related to each other as substance and quality. They are same realities in different states. According to the learned author, bramhana is non-different from Sakti or Kali in point of Reality. Sri Ramkrishna held that Bramhana is present in every thought and being the Universe. Sri Ramkrishna's teachings lay down a rational basis for reconciliation of different and conflicting systems of philosophy and religion. Dr. They are same realities in different states. According to the learned author, bramhana is non-different from Sakti or Kali in point of Reality. Sri Ramkrishna held that Bramhana is present in every thought and being the Universe. Sri Ramkrishna's teachings lay down a rational basis for reconciliation of different and conflicting systems of philosophy and religion. Dr. Chatterjee in his said book observes that religion according to Sri Rumkrishna is neither religious knowledge about God, nor philosophical speculation on God it is the direct experience or relation of God. Sri Ramkrishna's conception that the end of Man's life is realisation of the divine in him, was not identical with the traditional Hindu view of life. One of the most remark able traits of Sri Ramkrishna's religion was his doctrine of harmony of religions. He not only taught Universal Harmony but he himself demonstrated it. 28. THUS although thoughts of Sri Ramkrishna and Swami Vivekananda were based on Vedanta, their thought and action did not remain strictly within the limits of ancient Vedantic thought. The writings and speeches of Swami Vivekananda also clearly indicate his gradual transition from a preacher of Hindu thought into a world missionary. Swami Vivekanandas views on religion did not remain static and unchanged. Therefore, stray quotations given from his various writings and speeches may not depict his time views on religion. With his greater and greater acquaintance with the western thought and ways of life Swami Vivekananda's own ideas about religion and its significance underwent change. He had began to lay greater and. greater stress on the unity of religions. He came gradually to believe in and propounded world religion. Swamiji persistently sought to formulate on the basis of Sri Ramkrishna's teachings of One Principle behind all religious phenomenon. Miss Marie Louse Burke in her book, Swami Vivekananda in the West, Vol. 11 had observed that from the summer of 1894, onwards simultaneous developments keeping pace with one another were taking place in Swamiji's thought along' three lines There was an evolution in his message, change in his plan and work and the increasing degree in which he identify his own message with Vedanta. According to the learned author, all three were aspects of a single event the emergence of his world mission. According to Miss Burke, swamiji did not teach the orthodox Vedanta in every respect. According to the learned author, all three were aspects of a single event the emergence of his world mission. According to Miss Burke, swamiji did not teach the orthodox Vedanta in every respect. He mixed with it for instance, a great deal of Sankha in order to answer some of the questions posed by modern knowledge. The learned author has answered the question why Swamiji gave the name Vedanta to his Principles of Religion. She thinks that, on the face of it, it was not necessary, for as Swami vivekananda himself often observed these principles have always existed in greater or lesser degree in every religion. He wrote "the real thing is the religion taught by Sri Ramkrishna; let the Hindu call it Hinduism and the others call it in their own way". According to Miss Burke, one obvious and important reason of calling his religion by specific name was that the name Vedanta already existed. One religion in all its aspects had been already formulated for thousands of yeas and called vedanta. Miss Burke has given two other reasons; first, Swami vivekananda attempted throughout to define harmony of religion in the truest sense and had concluded that it consisted in the recognition of the unity of religions or rather in the recognition of religion. Another reason, why Swamiji wanted to give a name to one religion was that he was not only ensuring purity of his principles but to make it possible for any one to follow these principles without first attaching himself to a specific creed and burdening himself with some forms and ceremonies not necessary to him. One could become a Vedantic and go straight to the heart of the religion. Mr. Bhunia has relied upon the two decisions of the Delhi high Court in the cases of Sri. S. Jain Sabha of Nawalpindi v. Union of India, I. L. R. (1976) 2 Delhi 61 and Arya Samaj Education trust of Delhi v. The Directpr of Education, Delhi Administration, I.L.R. (1976)2 Delhi 93. A Division Bench of the Delhi high Court in the former case held, inter-alia,that in the union Territory of Delhi Arya Samaj was not a minority based on religion or language. A Division Bench of the Delhi high Court in the former case held, inter-alia,that in the union Territory of Delhi Arya Samaj was not a minority based on religion or language. The Division Bench in the case of s. S. Jain Sabha v. Union of India (Supra), accepted that Arya samaj is being a religious denomination, had right to establish and maintain institutions for religious and charitable purposes. But institutions for giving general educations are excluded from the purview of Article 26 (a) of the Constitution. The division Bench of the Delhi High Court in their decision in the other case, namely, Arya Samaj Education Trust v. The director of Education (Supra), inter-alia held that the word 'minorities' used in the expression 'minorities based on religion appearing on Article 30 (1) connoted only those religious minorities which had claimed [political rights separate from those of the Hindus prior to the Constitution in such as the muslims and Sikhs. The word 'minority' in Article 30 (1) did not apply to a class or section of Hindus. The Division Bench held that Arya Samaj was a reformed sect of Hinduism which has revolutionised the Hindu way of thinking but is not a separate religion in the union territory of Delhi. According to the Division Bench, however, Jains and Sikhs are not parts of Hinduism and for purposes of Article 30 (1) they were minorities based on religion in the union territory of Delhi. 29. MR. H. M. Seervai, in his book Constitutional Law of india, Vol. I, pages 958-59 has criticised the decision in the case of Arya Samaj Education Trust (supra) With considerable justification the learned Author has observed that considerations which weighed with the Division Bench of the Delhi high Court for deciding the said case were foreign to the interpretation of Fundamental Right conferred on religious and linguistic minorities. The learned author had referred to the concurring judgment of Safeer, J. in the said case, who had observed "the nation has to guard against all kinds, of disruptions. There is a prevailing tendency in spiritual ambition which leading to diverse expositions is causing the coming into being of various religious denominations. Such denominations ought not to be allowed to prevail as religions and should not be confounded as separate relations (see paragraph 35 of the report). Mr. There is a prevailing tendency in spiritual ambition which leading to diverse expositions is causing the coming into being of various religious denominations. Such denominations ought not to be allowed to prevail as religions and should not be confounded as separate relations (see paragraph 35 of the report). Mr. Seervai in his said book had referred to the judgment of Reddy, J. in the case of D.A.V. College, jallundhar v State of Punjab (supra) and described Arya Samaj as a body of persons agreed upon religious doctrines different from those of an established ox orthodox church from which they have separated having distinctive common worship. According to Mr. Seervai, there was nothing common between the religion based on worship of idols and the efficacy of priestly intervention and religion which is strictly monotheistic and is opposed to worship of idols and of priestly intervantion Mr. Seervai described Arya Samaj as a minority among the Hindus 30. MR. Seervai in his aforesaid book has observed that the conclusion reached by Despande, JT. in the case of Arya Samaj education Trust v. The Director off Education (supra), was opposed to the well known facts of history ancient and modern roman Catholic and Protestants profess the Christian religion but Roman Catholics constitute a minority based on religion in Ulster where the Protestants constitute the majority. Similarly, Shias and Sunnis both profess Islam but in Iran Sunnis are minorities based on religion. According to Mr. Seervai, provision relating to freedom of religion and protection of cultural and educational rights of religious minorities are designed to prevent persecution or discrimination on the ground that minorities profess a [religion which is not that of the majority. Therefore, we agree with the view of Mr. Seervai that it is not for the Court to cut down Fundamental Rights because the Court thinks that national interest requires that hindu religion should include the minorities based on religion because such minorities have developed and originated out of the Hindu Religion. Compared to the members of Arya. Samaj the claim of the ramkrishnaites as religious minorities, in our views stands on a much stronger footing. Ramkrishna ties, who are admittedly much less than fifty percent of the total population of the state, do not consider themselves as a reformed sect of Hindus and they profess and practice World Religion. They do not follow hindu moral code or accept caste system. Ramkrishna ties, who are admittedly much less than fifty percent of the total population of the state, do not consider themselves as a reformed sect of Hindus and they profess and practice World Religion. They do not follow hindu moral code or accept caste system. Even non-Hindus could be followers of the faith. We have already pointed out some of the distinguishing features of the religion preached by sri Ramkrishna which include toleration of all religions and their acceptance as true faith. The expression 'dharma' comes from a word which means 'to support or uphold the world of living beings'. Hindu way of life requires obedience to and observance of Hindu code of life. Ramkrishnaism does not prescribe such code of life laid down by Hindu Religion. No doubt, there are certain similarities between Sri Ramkrishna's religion and the traditional Hindu Religion as it is understood. Sri ramkrishna's religious thoughts originate from Vedanta. Secondly, attainment of purity and perfection is the subject matter of every religion only the methods of attainment are different in different religions. The method prescribed by Sri Ramkrishna is a distinct one. Therefore, we conclude that Ramkrishnaites are a minority based' on religion and therefore, in relation to the aforesaid College Ramkrishna Missioiv is entitled to claim protection under Article 30 (1) of the Constitution of india. We have already, noted that both the West Bengal College teachers (Security of Service) Act, 1975 and the West Bengal college Service Commission Act, 1978 do not apply to colleges established and administered by minorities based, on religion and language. 31. THE followers of Sri Ramkrishna have a common faith. They have common organisation and they are designated by a distinct name. Therefore, they constitute a denomination or sect within the meaning of Article 26 of the Constitution of india (vide the judgment of B. K. Mukherjee, J. in the case of Sri Sirur Math case (supra), Durga Committee v. Hossain ali AIR 1961 SC 1402 , Shastri Yagnapurush Dasji v. Muldas (supra) etc. As a religious denomination Ramkrishna Mission enjoys a right under Article 26 (a) to establish and maintain institutions for religious and charitable purposes. The Mission under article 26 (b) has also right to manage its own affairs in matters of religion. As a religious denomination Ramkrishna Mission enjoys a right under Article 26 (a) to establish and maintain institutions for religious and charitable purposes. The Mission under article 26 (b) has also right to manage its own affairs in matters of religion. Following the decision of the Delhi High court in the case of S. Jain Sabha v. Onion of India (supra), the learned trial judge has held that the expression "charitable purposes" in Article 26 (a) includes institutions for imparting religious education but not for general education. He has accordingly rejected the claim of the Ramkrishna Mission that under article 26 (a) it has a right to maintain and administer the college. 32. THE learned lawyers appearing on behalf of the Ramkrishna mission submited before us that institution for religious and charitable purposes include also institutions established and managed by religious denominations for imparting general education. Mr. Dipankar Gupta, learned advocate for Ramkrishna Mission, inter-alia, submitted that the meaning of the said expression "charitable purposes" cannot be restricted by excluding schools and colleges of general education only on the ground that the same may result in overlapping of, the rights guaranteed respectively by Articles 26 and 30 of the Constitution. Mr. Gupta has rightly pointed out that the different Fundamental rights in Part-Ill of the Constitution are not mutually exclusive and protection of the different rights in Part-Ill may be simultaneously claimed (see R. S. Copper v. Union of India air 1970 SC 564 ). Thus, each Fundamental Right had different dimensions but it is possible that they may meet in a given case- The expression "charitable purposes" has not been defined in the Constitution. Therefore, Mr. Gupta has rightly submitted that Rules of Statutory Construction ought to be applied bearing in mind that the said expression appears in a Constitutional legislation. One of the cardinal rules of statutory interpretation is that if a word or expression has acquired a particular legal meaning by process of judicial decision, the legislature is deemed to be aware of the same meaning and unless there is any contrary indication in the particular statute the said word. 1 when used in the said statute would bear the same meaning see Rukma Bais case 5 M.I.A. 234 at page 250, see also gourdhan Das v. Municipal Committee AIR 1963 SC 1742 paragraph 33. 1 when used in the said statute would bear the same meaning see Rukma Bais case 5 M.I.A. 234 at page 250, see also gourdhan Das v. Municipal Committee AIR 1963 SC 1742 paragraph 33. WHILE discussing the meaning of the word "charity" we have already referred to the Halsbury's Laws of England, 4th edition, Vol. IV. "advancement of Education" has always been considered as one of the four' principal divisions of Charity and it satisfies the two essential requirements the purpose of education is beneficial and is available to sufficient section of the community. According to Halsbury's Laws of England, the advancement and propagation of education and learning are charitable purposes even in the absence of any element of poverty in the class of beneficiaries. 34. THE Federal Court in the case of Manikkasundara Bhattar and Ors. V. R. S. Nayudu and Ors. AIR 1947 F. C. 1 had upheld the division Bench decision of the Madras High Court in the case of Manikkasundara Bhattar V. R. S. Nayudu AIR 1945 Md. 211 that the expression 'charitable institution' in Entry-34, list-III, Schedule VII of the Government of India Act, 19 35 included religious institutions and that the Madras Temple Entry, Authorisation and Indemnity Act, 1939 was inter vires. Leach, C. J. delivering the Division Bench judgment of the Madras High Court had referred to the well-known observations of Lord Macnaghten in the case of the Commissioner for Special Purposes of Income tax V. Pemsell 1891 A. C. 531 that charity in its legal sense comprises four principal divisions : trust for the relief of poverty, trust for advancement of education, trust for advancement of religions and trust for other purposes beneficial to the community not falling under any of the proceeding heads. The Division Bench had approved the Allahabad High Court's decision in the case of Anjuman Islamia of Mutta V. Nasiruddin (supra) that a religious purpose might be charitable purpose and a society for religious purpose would ordinarily be a society for charitable purposes. Therefore, charitable institutions include religious institutions. While affirming the said decision of the Madras High Court, the Federal Court had also observed that the word 'charity' was an appropriate generic terms of wide scope and meaning to include all public, secular, charitable and religious trusts and institutions recognised as such in British Indian Law. Therefore, charitable institutions include religious institutions. While affirming the said decision of the Madras High Court, the Federal Court had also observed that the word 'charity' was an appropriate generic terms of wide scope and meaning to include all public, secular, charitable and religious trusts and institutions recognised as such in British Indian Law. Reference to 'religious endowments will not, therefore, cut down the wide scope of the power of legislation conferred by Entr. y-34 list-Ill Schedule- VII of the Government of India Act, 1935. The point whether or not the right of religious denomination under clause (a) of Article 26 of the Constitution of india includes a right to establish educational institutions came up for consideration before the Supreme Court in the case of REV. Siddharaj Bhai Sabai and ORS. V. State of Gujarat of Anr. AIR 1963 S. C. 540 and again in the case of Azeez Basha v. Union of India (supra) In the earlier case of Rev- Siddharaj Bhai sabai v. State of Gujarat (supra) the Supreme Court at page 544 of the reports. had, inter alia, observed that in a larger sense an educational institution may be regarded as charitable within the meaning of clause (a) of Article 26. But in the view the court had taken about protection under Art. 30 (1)it did not think it necessary to express any final opinion on the plea that tight of the petitioner of the said case under article 26 to manage the college had been infringed by the impugned rules and orders issued by the Government of Bombay. Wanchoo, C. J. in paragraph 30 of his judgment in the other case of Azeez Basha v. Union of India (supra) had observed that there was much to be said in favour of the contention that Article. 26 will not apply to educational institutions for there was. specific provision in Article 30 (1), The learned chief Justice did not decide the said question. We may also note that Wanchoo, C. J. in Azeez Basha's case (supra) had interpreted the word 'maintain' to mean and include right to administer the institution. 35. MR. Bhunia had placed before us the debate of the Constituent Assembly dated 7th December, 1968. specific provision in Article 30 (1), The learned chief Justice did not decide the said question. We may also note that Wanchoo, C. J. in Azeez Basha's case (supra) had interpreted the word 'maintain' to mean and include right to administer the institution. 35. MR. Bhunia had placed before us the debate of the Constituent Assembly dated 7th December, 1968. Syed Abdur Rouf had moved that in clause (a) of the draft Article 20 corresponding to Article 26 (a) of the Constitution] for the words religious and charitable purposes' the words religious, charitable and educational purposes' be substituted. The Constituent Assembly debates do not indicate the reasons for "rejection of the said proposal. Therefore, it is not known whether the said amendment was rejected because it was found redundant or because the draft Article 20 was intended to be given a restricted meaning. Although the Delhi High Court had rejected the claim that the expression 'charitable institution' in Article 26 (a) include educational institutions, it held that a religious denomination under the said provision has right to administer and maintain institutions for imparting religious education. With respect we are unable to find any reason why the meaning of the expression 'charitable institutions' ought to be confined only to institutions for giving religious instruction. So far as Article 30 (1) is concerned, it is now settled law that right of the minorities', under Article 30 (1) to establish educational instigations is not confined to those for teaching religion only and there could be no limitation on the subjects to be taught in such institutions and Article 30 (1) covers institutions for imparting general secular education (see Re : Kerala Education Bill A. I. R. 1958 S. C. 956 ). 36. WE also respectfully differ from the view of the Delhi high Court in the case of S. S. Jain Sabha v. Union of India (supra) that if institutions for general education be included in Article 26 (a), then Article 30 would be redundant. In the first place, while Article 26 deals with the rights of the denominations and sects, Article 30 applies to minorities based on religion or language. Every religious denomination may not constitute a minority in ' a State Secondly, the right of the religious denominations under Article. 26 has been made subject to restrictions on the ground of public order, morality and health. Every religious denomination may not constitute a minority in ' a State Secondly, the right of the religious denominations under Article. 26 has been made subject to restrictions on the ground of public order, morality and health. It has also been decided that in case of any repugnancy between the rights under Article 26 and provisions made under article 25 (2) the latter provisions would prevail. The rights of the minorities under Article 30 have not been made subject to limitations similar to those contained in Article 26. Having regard to the accepted meaning of the expression charity and 'charitable institutions' we are inclined to hold that religious denominations under Article 26 (a) extends to establishment and maintenance of religious and charitable institutions including institutions for imparting education. The right of the Ramkrishna mission to establish and administer the College may be considered also from the stand point of Article 26 (b) of the Constitution. Subject to public order, morality and health every religious institution has a right to manage its own affairs in matters of religion The said right under Article 26 (b) is, no doubt, subject to Article 25 (2) but it in the instant case there was no question of providing social welfare or reform of religions institutions of a public character. We are unable to consider as secular the activities of the Ramkrishna Mission in relation to maintaining and administering the College because we have already mentioned that one of the fundamental tenants of Sri Ramkrishna's religion is "worship of man through rendering service to him", Imparting of education and rending all other humanitarian services are integral parts of religious practice of Ramkrishnaties. As a part of their faith in untold divinity of man, Ramkrishnaties profess to worship by rendering services to humanity. Their institutions have not been founded as were centres of meditative emancipation of a monastic order but for turning out bands of dedicated and disciplined workers for carrying out Sri Ramkrishna's mission into action. We have already referred to the Memorandum of Registration of the Mission which include among its objects (i) imparting and promoting of arts; sciences, industries (ii) carrying on educational work among the masses and (iii) establishing and maintaining, carrying on and assisting schools, colleges, universities and other educational and charitable institutions of like nature. 37. We have already referred to the Memorandum of Registration of the Mission which include among its objects (i) imparting and promoting of arts; sciences, industries (ii) carrying on educational work among the masses and (iii) establishing and maintaining, carrying on and assisting schools, colleges, universities and other educational and charitable institutions of like nature. 37. IT has been repeatedly held that what is protected under article 26 (b) are those acts and ceremonies which, according to the tenets of any particular religious sect, would be regarded as essential part of that religion. A religious practice need not however, be universal nor cannot be negatived merely because it has been shown to be limited to certain religious denominations. But the practice in question must be essential and integral part of religion and not extraneous or unessential accretions (see Durga Committee Ajmer V. Syed Hassan Ali) (supra) Thus, the protection under Articles 25 and 26 of the Constitution of India are not limited only to matters of doctrine or belief but extends to acts done in pursuance of religion thus, Article 25 and 26 of the Constitution contain a guarantee for rituals, observances, ceremonies and modes of worship which are integral part of the religion (see Sardar Syedna Taher Safiuddin Saheb V. State of Bombay AIR 1962 S. C. 853 ). 38. NO doubt, what constitutes essential part of religion or religious practice has to be decided with reference to the doctrine of the particular religion. Courts have power to determine whether a particular rite or observance is to be regarded as essential to professing and practicing a particular religion (vide Sirur Math's case) (supra), Ratilal Panchand Gandhi's 'case (supra) Tikayat Sri Gobinda Lalji V. State of Rajasthan air 1963 SC 1368 and Jagadiswarananda V. Police Commissioner calcutta AIR 1984 SC 51 ) Mr. Seervai in his book, Constitutional. Law of India Vol. I 3rd Edition has correctly observed that the real question is whether religious denomination looks upon it as an essential part of its religion however irrational it may appear to persons who do not share that religious view, the view of the denomination must prevail and it is not open to court to describe as irrational that which is part of denomination is religion (see also Venkataramana Devaru V. State of Mysore AIR 1958 SC 255 , Sri Govindalalji V. State of Rajasthan AIR 1969 SC 1638 (1661). We have found that according to the teachings of Sri ramkrishna and Swami Vivekananda religion must be meaningful and practicable and divinties to be realised not by following a negative part of withdrawal but by rendering service to the humanity which is considered a. part of the divinity. Thus, it is an essential part of the cult of Sri Ramkrishna to establish educational and charitable institutions. Atleast, so far as the followers of Sri Ramkrishna is concerned, spread of education form an essential matter of their religion. We must, however, make it clear that we do not mean to lay down that establishment and maintenance of educational instituting would be essential part of every religious denomination and sect. Article 26 (B) would be applicable to educational institutions of those religious denominations for whom establishment and management of such institutions form, essential part of religious faith and practice. For other religious denominations, it is quite possible that such works would be part of its secular activity. In each case the court has to examine the belief and practice of a particular religious denomination to decide what activities constitute essential and integral part of their religious faith. We have come to the conclusion that for Ramkrishnaties establishment and maintenance of educational institutions is an essential part of their religious faith and practice. 39. IN the above, although the West Bengal College Teachers (Security of Service) Act, 1 975 and the West Bengal College service Commission Act, 1978 do not contain any express provision excluding their application to educational institutions established and maintained by Ramkrishna Mission, we hold that the said two. Acts would be in applicable to Sri Ramkrishna Vivekananda Centenary College. Otherwise same would amount to infringement of the rights under Article 26 (a) and (b) of the constitution enjoyed by Ramkrishna Mission. In such a situation, the two Acts need not be declared ultra vires and it would be sufficient to hold that the Acts are inapplicable (vide rev. M. Mark Netto v. Government of Kerala AIR 1979 S. C. 83). 40. FOR the foregoing reasons we dismiss F. M. A. T. Nos. 13 of 1 984 and 270 of 1 984. We allow F. M. A. T. No. 490 of 1984. We also allow in part F. M. A. T. No. 42 of 1984. M. Mark Netto v. Government of Kerala AIR 1979 S. C. 83). 40. FOR the foregoing reasons we dismiss F. M. A. T. Nos. 13 of 1 984 and 270 of 1 984. We allow F. M. A. T. No. 490 of 1984. We also allow in part F. M. A. T. No. 42 of 1984. We affirm the order of the learned trial judge dismissing; the writ application subject to the modification that Article 30 and also clauses (a) and (b) of Article 26 of the Constitution of India would be applicable in case of Sri Ramirishna Vivekananda Centenary college. We leave open the question of legality or otherwise of the Calcutta University's directions for re-constitution of the Governing Bodies of Sri Ramkrishna Mission Residential college, Narendrapur, 'ramkrishna Mission Siksha Mandir, Howrah and Ramkrishna Mission Vidya Mandir, Howrah. There will be no order as to costs. 41. WE stay the operation, of our judgment delivered today for six weeks from date, we further direct that the Statusquo as regards to the management and running of the administration of the College be maintained for six weeks from date. 42. WE grant the prayer of Mr. Bhunia for granting certificate under Article 133 read with 134 (a) of the Constitution of India. In our opinion, the case involves a substantial question of law of general importance and the said question needs to be decided by the Supreme Court. One appeal allowed, two dismissed, one allowed in part.