JUDGMENT In this application under Article 226 of the Constitution of India, the petitioner has asked for an order restraining the State of West Bengal from handing over the birth place of Swami Vivekananda situated at Gour Mohan Mukherjee Street, Calcutta to Ramakrishna Mission, Belur Math. The State Government decided to acquire the ancestral house of Swami Vivekananda at a cost of Rs. 17,50,203/- in 1987 being the 125th Birth Anniversary of Swamiji. The State Government would provide for the compensation and Ramakrishna Mission will develop the ancestral house as a cultural centre. This acquisition was made at the request of Ramakrishna Mission. The contention of the petitioner is that according to the Division Bench Judgment of this Court in the case of (1) Madhab Chandra Bandopadhya and Ors. v. State of West Bengal & Ors. reported in 90 CWN 306, the Ramakrishnaites are minority based on religion. The birth place of Swamiji and ancestral house at Gour Mohan Mukherjee Street, Calcutta is a national asset and such national asset cannot be given to a religious minority. If a property has been acquired for public purpose it cannot be handed over to a religious minority for propagating minority culture. Once the birth place of Swamiji is handed over to Ramakrishna Mission after acquisition Ramakrishnites would use it as a pulpit for propagation of minority religion at the cost of the nation as a whole. Indeed, to think of Swami Vivekananda merely as a religious reformer is to belittle the genious that Swami Vivekananda was. It is the contention of the petitioner that the birth place of Swami Vivekananda is a national asset and is fit to be a national monument and cannot be handed over to Ramakrishna Mission which is a minority religious culture at the cost of the nation. 2. Mr. Bhunia, the learned Counsel for the petitioner, has contended that the protection claimed under Article 30(1) as religious minority being the cult of Sri Ramakrishna was granted by the Division Bench of this Court in the case of Madhab Chandra Bandopadhya (Supra). In this connection, Mr. Bhunia has relied on the following observation in the said judgment; "We accordingly affirm the trial Court's finding that Ramakrishna Mission had established the college. In this connection, Mr. Bhunia has relied on the following observation in the said judgment; "We accordingly affirm the trial Court's finding that Ramakrishna Mission had established the college. We proceed to consider whether the followers of Ramakrishna constitute a minority based on religion and whether Ramakrishna Mission which had established the college could claim, in relation to the same, Fundamental Right under Article 30 of the Constitution." Mr. Bhunia has also relied on the following observations in the said Division Bench judgment:- “It is now universally recognised that Sri Ramakrishna and his disciples, foremost of whom was Swami Vivekananda, had initiated one of the most remarkable religious movements of the recent times. Prof. Arnold Toynbee in his foreword to the book "Sri Ramakrishna and His Unique Message" had written: "Sri Ramakrishna’s message was unique in being expressed in action -religion is no just a matter for study: it is something that has to be experienced and to the lived and this is the field in which Sri Ramakrishna Manifested his uniqueness." "History of the establishment of Ramakrishna Mission and Ramakrishna Math also indicates that they were formed for professing and also for propagating the religion of Sri Ramakrishna, Being initiated by Sri Ramakrishna, a monastery of Ramakrishna order was established at Baranagar in the year 1886." "On 30th January, 1981, 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 be had purchased the properties with a view to secure a permanent location for the emblem and relics of his Guru Thakur Ramakrishna. The-deed also recited that the dedication was being made for the service of, use and benefit of the said Thakur." "The respondents have also produced the Memorandum of Association of the Ramskrishna 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. The said Memorandum of Association was subsequently revised according to the West Bengal Societies Registration Act 1961. According to the said memorandum, the objects of the Association, Inter alia, (a) to impart and promote study of Vedanta and its principles as propounded by Sri Ramakrishna 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 brances of knowledge, (d) to carry on educational work among the masses, (e) to establish, maintain, carryon 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 Ramakrishna Mission, all followers were whether lay or monastic of Paramhansha Ramakrishna, may be a member of the Association if elected at a meeting of the Association or nominated by the Governing body. A person intending to be a member is required to sign a prescribed form, inter alia, declaring that he looks upon Sri Ramakrishna 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 be looks upon all religions as paths of 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 form the Governing body of Ramakrishna Mission." "Mr. Bhunia has submitted that Ramakrishna 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 (2) Md. Yunus v. The Inspector General of Registration and Others, AIR 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 predominently religious. Yunus v. The Inspector General of Registration and Others, AIR 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 predominently religious. Accordingly, registration of a Society which had been formed with object of management supervision and control of mosque and madrasa was held to be had. The Allahabad High Court in the case of (3) Anjuman Islamia of Mutta v. Nastruddin, (1906) ILR 28 All 384 and the Madras High Court in the case of (4) Khaji Muhammad Hussain Sahib v. Mahiday Mahmood Jamait Managing Committee, Puddupet, AIR 1940 Mad. 167 took contrary views regarding the effect of inclusion of religous 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 one 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." "We are unable to bold 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 or 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 rationalizes; 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. Some of the religious teachers while remaining within the folds of Hindu religion, attempted to reform and rationalizes; 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 religious which arose out of dissent from Hindu Religion still form part of the Hindu Religion (see paragraph II of the decision in (5) Wealth Tax Commissioner, West Bengal v. Sm. Champa Kumari Singhi, AIR 1972 SC 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 Swaminarayan sect was not a religion distinct and separate from Hindu religion because the watch ward 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 god, pious and religious life. Swaminarayan was held to be a Hindu saint who was determined to remove corrupt practives which had corrupt in the said religion." "The Supreme Court in the case of (6) D. A. V. College, Jallandhar v. State of Punjab, AIR 1971 SC 1737 and in the case of (7) D. A. V. College, Bhatinda v. Stole of Punjab, AIR 1971 SC 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. 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 tests for determining whether Arya Samaj is form part of the Hindu minority in Punjab. Secondly, the Supreme Court had considered Arya Samaj as a reformist movement which rejected manifold absurdities found in Smrities and in tradition and attempted to establish a purer and more rational faith.” 3. Mr. Bhunla has also contended that protection is claimed and granted as Religious denomination under Article 26(a)(b). It is also contended that from the said judgment of the Division Bench it would be evident that Ramakrishna Mission entitled to protection religious denomination under Article 26(a)(b) of the constitution. In this connection he has relied on Paragraphs 48, 55, 56, 57, 58 and 59 of the said judgment which are sea out hereunder:- “48. The Expression "charitable purposes" has Dot 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 the particular statute the said word when used in the said statute would bear the same meaning (See (8) Rukma Bai's Case 5 M. I. A. 234 at page 250 ; see also (9) Gourdhan Das v. Municipal Committee, AIR 1963 SC 1742 , Paragraph 31), 55. It has been repeatedly held that what is protected under Article 26(b) are those acts and ceremonies which, according to the lenets of any particular religious sect, would be regarded as essential part of that religion. It has been repeatedly held that what is protected under Article 26(b) are those acts and ceremonies which, according to the lenets 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 the religion and not extraneous or unessential accretions (see Durga Committee Ajmer v. Syed Hassan Ali) (Supra). Thus, the protection under Articles 25 and 26 if the Constitution contain a guarantee for rituals, observances, ceremonies und modes of worship which are integral part of the religion (See (10) Sardar Syedna Taher Safiuddin Saheb v. State of Bombay, AIR 1962 SC 853 ). 56. 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 practising a particular religion (vide Sirur Math’s case) (Supra), Ratilal Panchand Gandhi's case (Supra), (11) Tikayat Sri Gobinda Lalji v. State of Rajasthan, AIR 1963 SC 1362 and (12) 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 (13) Venkataramana Devaru v. State of Mysore, AIR 1958 SC 255 , (14) Sri Govindalalji v. State of Rajasthan, AIR 1969 SC 1638 (1661). 57. We have found that according to the teachings of Sri Ramakrishna and Swami Vivekananda religion must be meaningful and practicable and divinities to be realised not by following a negative part of withdrawal but by rendering service to the humanity which is concerned a part of the divinity. Thus, it is an essential part of the cult of Sri Ramakrishna to establish educational and charitable institutions. Thus, it is an essential part of the cult of Sri Ramakrishna to establish educational and charitable institutions. At least so far as followers of Sri Ramakrishna 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 institution 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 Ramakrishnaities establishment and maintenance of educational institutions is an essential part of their religious faith and practice. 58. In the above, although the West Bengal College Teachers (Security of Service) Act, 1975 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 Ramakrishna Mission, we hold that the said two Acts would be inapplicable to Sri Ramakrishna Vivekananda Centenary College. Otherwise same would amount to infringement of the rights under Articles 26 (3) and (b) of the Constitution enjoyed by Ramakrishna 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 (15) Rev. M. Mark Netto v. Government of Kerala, AIR 1979 SC 83 ). 59. For the foregoing reasons we dismiss F.M.A.T. Nos. 13 of 1984 and 270 of 1984. 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 Ramakrishna Vivekananda Centenary College. 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 Ramakrishna Vivekananda Centenary College. We leave open the question of legality or otherwise of the Calcutta University's directions for reconstitution of the Governing Bodies of Sri Ramakrishna Mission Residential College, Narendraput, Ramakrishna Mission Siksha Mandir, Howrah and Ramakrishna Mission Vidya Mandir, Howrah." 4. In the light of the observation of the Division Bench of this Court, Mr. Bhunia has contended that the acquisition of this land is for a minority/sectarian organisation whose avowed aim is to propagate a particular cult/religion and therefore it cannot be of public purpose. It is an acquisition for religious purpose, as distinguished from public purpose. He has also contended that this has been done for minority purpose, in which general public is nor interested. I am, however, unable to accept the contention of Mr. Bhunia. It is true that by the decision of the Division Bench. Ramakrishna Mission is entitled to the protection as envisaged under Article 30(1) and Article 26(a) (b) but the Ramakrishna Mission does not exist for a particular minority community. It is no doubt true that Swaniji was a Hindu Monk, but he was an advocate of a religion, the object of which was to serve the humanity and not a particular sect or a group. One is the method or manner of realisation of God and the other is selfless devotion to the service of mankind. 5. The next contention is that acquisition is bad as violative of Article 27 of the Constitution and amounts to promotion of a particular minority religion or religious denomination, the only exception being under Article 290A and no other deviation is contemplated and would be unconstitutional. This argument seems to be fallacious. The acquisition was not for the promotion of a particular religion. As I said, Swami Vivekananda cannot be identified with any particular religion. He might have been a Hindu Monk but he was a national leader. He was a Socialist. He was concerned more with social revolution and a total revolution. In a sense, be was one of the greatest revolutionaries of our times. As I said, Swami Vivekananda cannot be identified with any particular religion. He might have been a Hindu Monk but he was a national leader. He was a Socialist. He was concerned more with social revolution and a total revolution. In a sense, be was one of the greatest revolutionaries of our times. It cannot be said that in perpetuating the memory of Swamiji, Ramakrishna Mission will be propagating a narrow religious outlook. It will be a place for all, irrespective of caste, culture creed, faith, religion and belief. It will be a place where everyone, Indian and Non-Indian can go and realise the greatness of Great Swamiji and Sri Ramakrishna. 6. Mr. Bhunia has also contended that the Division Bench in the aforesaid decision has laid down that the protection which bas been given can be used as a defence and cannot be used as an weapon of offence. In other words, his contention is that no land can be acquired under the Land Acquisition Act for Ramakrishna Mission which is a religious minority inasmuch as the religious minority is entitled only to protection from the State i. e. shield for its defence but if cannot be me the same as a sword for offence to acquire property of others. This again cannot be accepted. The acquisition has not been made for a religious purpose. The acquisition was made for protecting the birth place of Swamiji and his residential house as a national monument. Every Indian has a duty to see that this place of abode of Swamiji and the house can be used so that the generations to come might remember what Swamiji was, We shall fail in our duty if we do not worship Swamiji as a humanist. as a socialist, as a revolutionary, as a nationalistand above all a new religious leader who believed in realisation of God through the service of mankind. Accordingly, can it be said that the purpose for which the property was acquired is a purpose for sectarian religious belief? The acquisition in that sense has not been challenged. It has not been disputed by the petitioner that there can be no better place than the ancestral house of Swami Vivekananda to raise a national monument. Accordingly, can it be said that the purpose for which the property was acquired is a purpose for sectarian religious belief? The acquisition in that sense has not been challenged. It has not been disputed by the petitioner that there can be no better place than the ancestral house of Swami Vivekananda to raise a national monument. He has not also disputed that in the fitness of things the national monument should be raised in the honour of Swami Vivekananda not only to commemorate the hallowed memory of Swami Vivekananda but also to hold out to the world the glory that is India. If that be the position, then the acquisition cannot be challenged. Ramakrishna, according to the Division Bench Judgment, may belong to a religious minority but that does not mean that Ramakrishna Mission only propagates a minority religion. The monument will be to commemorate the memory of Swamiji and accordingly if is a purpose in which each and every Indian is interested and no Indian should have forgotten the history of this country, the history of the national religious movement, a history of the renaissance of the 19th Century. Accordingly it cannot be said that the acquisition is made for a minority religious cause. 7. Next it is contended by Mr. Bhunia that the acquisition which has been made in this case is for public purpose. If it is acquired for raising a national memorial to Swami Vivekananda and not handed over to an avowedly minority religious and sectarian organisation like the Ramakrishna Mission, which has decided to establish a cultural centre it can only mean a minority and sectarian culture of the Mission to propagate the "cule of Sri Ramakrishna" which they are bound to do by virtue of their memorandum. He has relied on Paragraph 31 of the Division Bench Judgment of this Court referred to above. He has also relied on a decision of the Supreme Court in the case of (16) Kanaiyalal Maneklal Chinai v. State of Gujrat & Ors, reported in AIR 1970 SC 1188 . There the Supreme Court bas observed as follows :- "Turning to the second contention, the relevant Statutory provisions may first be read. He has also relied on a decision of the Supreme Court in the case of (16) Kanaiyalal Maneklal Chinai v. State of Gujrat & Ors, reported in AIR 1970 SC 1188 . There the Supreme Court bas observed as follows :- "Turning to the second contention, the relevant Statutory provisions may first be read. Section 77 of the Provincial Municipal Corporations Act, 1949, insofar as it is relevant, by sub-section (1) provides : "Wherever it is provided by this Act chat the Commissioner may acquire or whenever it is necessary - or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms or prices and at such rates or prices not exceeding such maxima as shall he approved by the Standing Committee either generally for any class of cases or specially in any particular case." Section 78(1) provides: "Whenever the Commissioner is unable under Section 77 to acquire by agreement any immovable property the Provincial Government may, in its discretion upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken, for acquiring the same on behalf of the Corporation, as if such property were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894." 8. There is nothing in Sections 77(1) and 78(1) which supports the contention that before initiation of a proceeding for acquisition of land, which it is necessary or expedient for any purpose of the Municipal Act to be acquired, the Commissioner of the municipality must start negotiations for purchase by private agreement, and if he is unable to so purchase the land the State Government may be moved for acquiring the land for the Municipality and not otherwise. "Exercise of power to move the State under Section 78 of the Provincial Municipal Corporations Act, to acquire land is not conditioned by any such limitation as suggested by Counsel for the appellant. The opening clause of Section 78(1) merely indicates an alternative and not a condition. "Exercise of power to move the State under Section 78 of the Provincial Municipal Corporations Act, to acquire land is not conditioned by any such limitation as suggested by Counsel for the appellant. The opening clause of Section 78(1) merely indicates an alternative and not a condition. Even if no attempt is made under Section 77 to acquire the land by agreement, It is open to the Commissioner of the Municipal Corporation, with the approval of the Standing Committee and subject to of her provisions of the Act, to move the Provincial Government to take steps for acquisition of the land. By statutory provision, it is expressly enacted that where the purpose is one for which the Commissioner of the Municipality may require the land under the provisions of the Provincial Municipal Corporation Act, 1949, or is a purpose of the Act for which it is deemed necessary or expedient by the Commissioner of the Municipality to acquire she land, such a purpose shall be regarded as a public purpose within the meaning of Section 4(1) of the Land Acquisition Act, even if it does not fall within the expression "public purpose" as normally understood." 9. Mr. Bhunia in his anxiety to support the acquisition but criticising the handing over to the Ramakrishna Mission has overlooked the fundamental difference between the purpose of the acquisition and the manner in which the acquired property is administered. The State Government after acquisition could have appointed a Board of Trustees to establish the monument and run it. Without taking that responsibility, the State Government though it fit that in the national interest and in the interest of all these monuments should be established by Ramakrishna Mission who shall maintain the centre as a cultural. It is common knowledge that the Government Institutions have miserably failed to maintain the various national monuments properly. We very often come across the statues which had been erected in the different streets and parts of Calcutta and elsewhere and it is only twice in the year i. e. on the occasion of the birth anniversary or death anniversary of some concerned great man care is taken of the statues, otherwise they are all neglected and no one cares to look after. The reason is that we are more concerned with our fundamental rights. The reason is that we are more concerned with our fundamental rights. We always demand but we are oblivious of our duties to the Society, to the National Leaders who, by their devotion and sacrifice, have conveyed the message of Indian Civilisation to the World. It cannot be disputed nor has it been disputed that Ramakrishna Mission as an Institution is capable of establishing such a centre and maintaining the centre where an atmosphere of serenity will prevail and where the people would be free to pay homage to the memory of Swami Vivekananda, 10. Another objection which has been raised by Mr. Bhunia to the handing over of the property to the Mission is that the Mission, being a sectarian religious organisation, will fail to comprehend the various facets of Swami Vivekananda’s glories, but would project him only as a religious reformer, within a narrow compass. He has relied on various authorities to show the various facets of Swami Vivekananda's glories. 11. He bas relied on a book on Swami Vivekananda by Dr. Bhupendra Nath Dutta, where Swamiji has been described as a partriot-saint, sociologist, anthropologist and litterateur and educationist and above all a nationalist. He bas also relied on a book by Mr. Subrata Gupta on the economic thoughts of Swami Vivekananda where Swami Vivekananda has been descrsbed as an economist. He has also referred to the views expressed by Dr. Y. Chelisov, Director of Institute of Asian Studies at Moscow. He said: “...many years will pass, many generations will come and go. Vivekananda and his time will become the distant past, but never will there fade the memory of the man who all his life dreamed of a better future for his people......Together with the Indian people. Soviet people who already know some of the works of Vivekananda published in the USSR, highly revere the memory of the great Indian patriot, humanist and democrat, impassioned fighter for a better future for his people and all mankind." 12. Accordingly, his submission is that Ramakrishna Mission cannot have the monopoly of interpretation of philosophy of Ramakrishna and Vivekananda. A further objection of the petitioner is that being a proclaimed religious minority sect Ramakrishna Mission will not be able to project the total personality of Vivekananda in the context of the vast canvas of the national and social life as a whole. A further objection of the petitioner is that being a proclaimed religious minority sect Ramakrishna Mission will not be able to project the total personality of Vivekananda in the context of the vast canvas of the national and social life as a whole. He has relied on various passages in several books to emphasise the fundamental of canvas of the national and social life of Swamiji. 'Vivekananda O Samakalin Bharat Barsa' by Shankari Prosad Basu, 'Discovery of India' by Pandit Jawaharlal Nehu. 'Yuganayak Vivekananda' by Gambhiranda and Complete Works of Marie Louise Burke'. 13. In the view I have taken if is not necessary to refer to those books. 14, Most of the contentions raised by Mr. 'Bhunia emanate from the controversy as to whether the cult of Ramakrishna as a religion is different from Hindu religion; in other words, whether Ramakrishnaites are non-Hindus. The emphasis is that the Ramakrishna Mission is a non-Hindu Minority Organisation. But this apprehension is not based on any objective fact. The learned Single Judge as well as the Division Bench of this Court in Madhab Chandra Bandopadhya (Supra), examined whether the religion of Sri Ramakrishna is part of the traditional Hindu religion. It has been held that the religion of Ramakrishna embraces in its fold a wider field and has a distinct message to preach. The contention on behalf of the teachers before the learned Single Judge as well as the Division Bench in the aforesaid case was that the monks of Ramakrishna Math were Hindu Sanyasis and Ramakrishna Math and Ramakrishna Mission have continued to observe and follow various rituals and practices prescribed by the Hindu religion. Accordingly, Ramakrishnaites could no, form a religious minority. 15. Religion is not only a doctrine or belief. A religion may prescribe rituals, ceremonies and codes of worship which are regarded as integral parts of religion and these forms and observances might even extend to matters of food and dress. Religion consists of not only belief and doctrine but also the outward expressions and acts. As observed by the Division Bench, Sri Ramakrishna's teachings lay down a rational basis for reconciliation of different and conflicting systems of philosophy and religion. Religion is the direct experience or relation of God. Sri Ramakrishna'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. 16. Religion is the direct experience or relation of God. Sri Ramakrishna'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. 16. In this connection I may also usefully refer to the following observations or the Division Bench :- The Division Bench observed: "Sri Ramakaishna and his disciples did not endeavour to initiate any reform movement for eradication of social and religious practices among the Hindus and establish "pure form" of Hindu religion. The religious concepts of Sri Ramakrishna and the practices associated with them were basically different. Sri Ramakrishna seeks to establish harmony and unity in religions of the world on the basis of Neo-Vedantaisim or New-Adityabad, The Religion Universal of Sri Ramakrishna accepts religious faiths of other religions 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 Ramakrishna, non-Hindus arc not required to embrace Hinduism and to undergo Suddbi or any other form of purification. He could continue to profess and practice his own religion and of the name time be a follower of Sri Ramakrishna's faith. Thus, there is no necessity of surrendering one’s own religion. For the followers of Sri Ramakrishna individual salvation is no longer the goal but salvation of the entire mankind is the goal of true religious pursuit. … ... … …. …. ...But it was Sri Ramakrishna and his disciples who gave concrete shape to the concept of Religion Universal covering not only schools of Hind faith but also other religions of the world." The Division Bench further observed as follows:- "Undoubtedly, thoughts of Sri Ramakrishna and Swami Vivekananda were based on Vedanta. But their philosophy, and religion were not identical with the Traditional Vedantabad." The Division Bench then proceeded to observe as follows:- "Thus, although thought of Sri Ramakrishna and Swami Vevekanada 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’s view 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. The writings and speeches of Swami Vivekananda’s view 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 acquaintances with the western thought sand ways of life Swami Vivekanand’s own ideas about religion and its significance underwent change. He had begun to lay greater and greater and greater stress on he unity of religion. He came gradually to believe in and propounded world religion………Mis Marie Louise Burke, in her book, “Swami Vivekananda in the West” Vol. I, had observed: “Swamiji did not teach the orthodox Vedanta in every respect. He mixed with it, for instance, a great deal of Saukha in order to answer some of the questions posed by modern knowledge.” Swami Vivekananda himself often observed:- “The real thing is the religion taught by Sri Ramakrishna; let the Hindus call it Hinduism and the others call it in their own way.” The Division Bench then observed as follows:- “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 their religion preached by Sri Ramakrishna 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. Ramakrishnaism does not prescribe such code of life laid down by Hindu Religion. No doubt, there are certain similarities between Sri Ramakrishna’s religion nd the traditional Hindu religion as it is understood. Sri Ramakrishna’s religious thoughts originated 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 Ramakrishna is a distinct one. Therefore, we conclude that Ramakrishnaites are a minority based on religion and, therefore, in relation to the aforesaid College Ramakrishna Mission 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 Commission Act, 1278 do not apply to colleges established and administered by minorities based on religion and language.” 17. We have already noted that both the West Bengal College Teachers (Security of Service) Act, 1975 and the West Bengal College Commission Act, 1278 do not apply to colleges established and administered by minorities based on religion and language.” 17. It is, therefore, evident that the religion of Ramakrishna in some respects differs form the traditional Hindu Religion, it does not ever lose its character as a Hindu religion to the Hinduites or the persons professing Hinduism. As Swami Vivekananda himself has said “let Hindus call it Hinduism and the others call it their own way”. As Dr. Radhakrishnan said that the concept of Hinduism had altered from age to age. It is to be appreciated that in Ramakrishna’s religion there is no caste system. What Ramakrishna preached and what he thought had ultimately developed into a religion in the course of time. Dr. Rebekov, a Russian, who visited India in 1987 said that Ramakrishna has com out o the traditional spiritual path of India. Ultimately the religion turned to be a universal religion of Sri Ramakrishna. To be a follower of Ramakrishna, neither a Hindu has to surrender his religion nor a Christian or a Muslim has to embrace Hinduism. Each can practice his own respective religion; at the same time he may be a follower of Ramakrishna’s religion. 18. Sri Ramakrishna has harmonized both the concepts of God being personal and impersonal. He could realize that even one and the same person at a certain stage in the path of devotion, finds satisfaction in God as possessed of from and at another stage in God without any form. Both these aspects, the personal and the impersonal, are true. People will view the Ultimate Reality in different aspects according to their mental contents and capacity. Sri Ramakrishna said that people with different vessels go to the ocean and take water from it. The water takes the shape of the vessel in which it is taken, but nevertheless it will, though the shapes differ, contain water and nothing else. So, though according to the mental capacity of the people, the readings of the Ultimate Reality may be different, yet each one is a reading of the Ultimate Reality, and as such it is true Sri Ramakrishna, therefore, used to say that God has many aspects and we should not define him as "this and this alone". So, though according to the mental capacity of the people, the readings of the Ultimate Reality may be different, yet each one is a reading of the Ultimate Reality, and as such it is true Sri Ramakrishna, therefore, used to say that God has many aspects and we should not define him as "this and this alone". (See "Spiritual Ideal for the Present Age" by Swami Vireswarananda). 19. According to Sri Ramakrishna all faiths lead to God. He said: "As one and the same water is called by different names in different languages, one calling it "water", another "Vari", a third "acqua" and a fourth "Pani", so the one Sachcidananda, Absolute, Being- Intelligence-Bliss, is invoked by some as God, by some as Allah, by some as Hari and by other as Brahman." "The light of the gas-lamp illumines different parts or the city with varying intensity, but all the lamps receive their supply of gas from one common source; similarly, the religions teachers of all countries and races receive their inspiration from one Almighty Source." "As one can ascend to the roof of a house by means of a ladder or a bamboo, or a staircase, or in various other ways, so diverse are the ways and means to approach God. Every religion in the world is one of the ways to reach Him." "Different creeds are but different paths to reach the Almighty. Different people attain God by following different creeds." “A common man through ignorance considers his own religion to be the best and makes much useless clamour, but when his mind is illumined by true knowledge, all sectarian quarrel disappears." To Quote Vivekananda : "Religion is realisation; not talk, nor doctrine, nor theories, however beautiful they may be. It is being end becoming, not hearing or acknowledging; it is the whole soul becoming changed into what it believes." "What I want to propagate is a religion that will be equally acceptable to all mind; it must be equally philosophic, equally emotional, equally mystic, and equally conducive to action. If professor from the colleges come, scientific men and physicists, they will court reason. Let them have it as much as they want ............Similarly, if the mystic comes, we must welcome him, be ready to give him the science of mental analysis, and practically demonstrate it before him. If professor from the colleges come, scientific men and physicists, they will court reason. Let them have it as much as they want ............Similarly, if the mystic comes, we must welcome him, be ready to give him the science of mental analysis, and practically demonstrate it before him. And if emotional people come, we must sit, laugh, and weep with them in the name of the Lord; we must "drink the cup of love and become mad." It the energetic worker comes, we must work with him, with all the energy that we have. And this combination will be the ideal of the neatest approach to a universal religion. Would Co God that all men were so constituted that in their minds all these elements of philosophy, mysticism, emotion, and of work were equally present in full. That is the ideal, my ideal of a perfect man. Everyone who has only one or two of these elements of character, I consider "one-sided"; and this world is almost full of such "one-sided" men, with knowledge of that one road only in which they move; and anything else is dangerous and horrible to them. To become harmoniously balanced in all these four directions is my ideal of religion." "If there is ever to be a universal religion, it must be one which will have no location in place or time, which will be infinite like the God it will preach, ......which in its catholicity will embrace in its infinite arms, and find a place for every him an being from the lowest grovelling savage not far removed from the brute to the highest man towering by the virtues of his head and heart almost above humanity, making society stand in awe of him and doubt his human nature....... which will have no place of presecution or intolerance in its polity, which will recognise divinity in every man and woman, and whose whole scope, whose whole force will be centred in aiding humanity to realise its own true, divine nature." 20. In my view, even if Ramakrishnaites is a religious minority, they believe and follow what Sri Ramakrishna demonstrated as the true religion. We should not forget what Swamiji said of Sri Ramakrishna. In my view, even if Ramakrishnaites is a religious minority, they believe and follow what Sri Ramakrishna demonstrated as the true religion. We should not forget what Swamiji said of Sri Ramakrishna. To quote, "At the very dawn of this momentous epoch, the reconciliation of all aspects and ideals of religious thought and worship is being proclaimed; this boundless, all-embracing idea had been lying inherent, but so long concealed, in the Religion Eternal and its scriptures, and now rediscovered, it is being declared to humanity in a trumpet voice. 21. This epochal new dispensation is the harbinger of great good to the whole world, specially to India; and the inspirer of this dispensation, Sri Bhagawan Ramakrishna, is the reformed and remodelled manifestation of all the past great epoch-makers in religion. O men, have faith in this, and lay it to heart." 22. He further said: "To proclaim and make clear the fundamental unity underlying all religions was the mission of my Master. Other teachers have taught special religions which bear their names, but this great teacher of the nineteenth century made no claim for himself. He left every religion undisturbed because he had realised that, in reality, they are all part and parcel of the one eternal religion". 23. Such a religion, call it in whatever name you like, cannot represent a narrow sectarian religious cult. The contentions of Mr. Bhunia are, therefore, based on idle misgivings and deserve to be rejected. 24. Mr. Bhunia's next contention is that public mind is highly agitated over the question as would appear from the letters which have been published in Ananda Bazar Patrika dated 22nd January, 1987, Bartaman dated 20th January, 1987 and 28th December, 1986. In these letters to the Editors they have highlighted that something more is required to be done for the protection or the Monument. 25. I am unable to accept this contention. Every Indian has a right to express his own opinion on a national issue. That does not mean that there is a controversy over the handing over the residential house of Swami Vivekananda to Ramakrishna. 25. I am unable to accept this contention. Every Indian has a right to express his own opinion on a national issue. That does not mean that there is a controversy over the handing over the residential house of Swami Vivekananda to Ramakrishna. Even assuming that there is any such agitation, but it has not been reflected anywhere and it can only be said that these are only by way of suggestions for maintenance of the Institute to be established in a manner which would not, in any way, project Swamiji in the manner in which it should not be done. 26. Mt. Bhunia lastly contended that from the Division Bench judgment in the case of Madhab Chandra Bandopadhya (Supra), it would appear that Rahra College has been claimed to be a branch of the Ramakrishna Mission, a sectarian, minority organisation and similar will be the fat of the proposed cultural centre under the aegis of the Ramakrishna Mission. Swami Vivekananda, instead of being a leader of world thought and mankind will be dwindled info a leader of a minority religious sect which the Indian public cannot allow to take place. This apprehension is not well founded. The question is whether Ramakrishna Mission rune co lieges, hospitals and other social service-oriented institutions. These have to be run by taking donations from the public inasmuch as the public are the beneficiaries. Therefore, the Government is bound to provide funds to these institutions because the hospitals, educational institutions or the social service-oriented institutions run by Ramakrishna Mission are not only meant far a particular religious community. Hindus, Muslims, Sikhs, Jains, Buddhists, Christians. All of them have a right of admission in such hospitals or institutions. No public institution can be run unless there is a contribution by the public at large or by the Government. But the grant by the Government is one thing, but the management of such institution by the Mission is completely a different thing. The whole institution is managed by Ramakrishna Mission having in their mind the basic philosophy and teachings of Ramakrishna and Swamiji, who always preached that it is through the service of the poor or the common people one can only realise the God. The whole institution is managed by Ramakrishna Mission having in their mind the basic philosophy and teachings of Ramakrishna and Swamiji, who always preached that it is through the service of the poor or the common people one can only realise the God. The purity and the serenity, environment and atmosphere of the institution should be maintained in accordance with the philosophy of those who are in the management of such institution and not by the dictates of the Government. I do not find any contradiction in obtaining the grant from the Government or the public and also claiming the protection under the Constitution. It is very difficult to establish an institution as has been done by Ramakrishna Mission. It is very easy to grab the institution and destroy the same which should not be allowed under any circumstances. If is true that there are criticisms against some of the Swamijis who arc now in She management and running the administration, but one individual Sannyasi cannot destroy the faith the people have in the Ramakrishna Mission not as a religious institution but as an institution to serve the mankind and always goes forward with the helping hand to the people in distress. 27. Swami Vivekananda was not only a great teacher with an international message; he was also a great Indian, a patriot and inspirer of his countrymen down to the present generation. His mission was spiritual. The policy of the Ramakrishna order has always been and will continue to be faithful to Swami Vivekananda's intention. So long as there is no erosion of values that sustain the credibility of the institution like Ramakrishna Mission, Swami Vivekananda will be projected amongst others as the prophet of self-reliance, of individual search and effort. 28. For toe reasons aforesaid, this application is dismissed with-out any order as to costs. All interim orders are vacated. 29. Mr. Bhunia, Advocate, appearing for the petitioner, asks for a stay. Having regard to the facts and circumstances of this case, the stay asked for is refused. All parties to act on a signed copy of the operative part of this judgment.