ORDER :- The facts and points of law in both the writ petitions being the same, both the matters were heard together. 2. W.P. (C) No. 7762 of 2004 has been filed by the Governing Body of the Stewart Science College, Cuttack represented through its Secretary challenging the Notification No. IV.HE/GB-02/2004.21066/HE dated 10th June, 2004 (Annexure 2) issued by the State governing dissolving Governing Body of the College along with the Governing Bodies of all Non-Government Aided Colleges in the State in purported exercise of powers conferred upon it under the proviso to sub-section (6) of S. 7 of the Orissa Education Act, 1969. The same Notification bearing No. IV. HE/ GB-02/2004.21016/HE dated 10th June, 2004 dissolving the Governing Body of the Christ College, Cuttack is assailed in W.P. (C) No. 7763 of 2004 by the Secretary of the Governing Body of that College. 3. As it appears from the averments in the W.P. (G) No. 7762 of 2004, and submissions made by the learned counsel for the petitioners, the Diocese of Cuttack, a unit of Churches under the charge of a Bishop, having jurisdiction throughout the territorial organisation, i.e. Cuttack, Dhenkanal, Puri, Ganjam, Phulbani, Balasore, Keonjhar and Mayurbhanj, with the pious wish of providing education, specially in the field of Science to the boys and girls of all communities, but primarily for the students of the Christian Minority Community had established the Science College at Cuttack in the year 1944 in the name and style of "Stewart Science College, Cuttack." The Diocese which is constituted under the Bye-Laws (Rules) framed under the Constitution of the Churth of North India, it is submitted, provided its land and raised necessary infrastructure for the purpose of establishment of the College and drafted a Constitution for the College. For smooth management and administration as also proper functioning of the College, the Diocese in consonance with the Constitution of the College constituted a Governing Body consisting of its Bishop as the Chairman and six members elected triennially by its Council or Executive Committee. The Secretary of the Governing Body was being elected by the aforesaid Council or Executive Committee. For smooth management and administration as also proper functioning of the College, the Diocese in consonance with the Constitution of the College constituted a Governing Body consisting of its Bishop as the Chairman and six members elected triennially by its Council or Executive Committee. The Secretary of the Governing Body was being elected by the aforesaid Council or Executive Committee. Out of the six members nominated as above, the Principal of the College was being made an ex officio member; one member was to be the nominee of the Vice-Chancellor of the University (i.e. the Utkal University) to which the college was affiliated; one member was to be the nominee of the Collector, Cuttack; and two members were to be nominees of the teaching staff of the College. The Constitution of the College further provided a detailed method as to how the Governing Body would manage the affairs of the college. It was averred that right from the year 1944, the Governing Body constituted according to the Constitution of the College had been managing the affairs of the College without any hindrance from any quarter whatsoever. In W.P. (C) No. 7763 of 2004 it is averred that the Christ College, Cuttack unlike Stewart Science College is also a Minority Community Institution established by the "Cuttack Christian Education Board" which provided land and infrastructure for establishment of the College. The said College was being managed in accordance with the Constitution of the aforesaid Board as its Apex Body, registered under the Societies Registration Act. The aims and objects of the said Board was to foster education among the people of all communities, both Christian and non-Christians. The Rules of Business of the Governing Body of the Christ College, Annexure-1, prescribed that the Governing Body would consist of eleven members out of which six were to be nominated by the Executive Committee of the Cuttack Christian Education Board; one member would be the Principal of the College; two members would be nominees of the teaching staff co-opted by the Governing Body; one would be a nominee of the Vice-Chancellor of the University (the Utkal University) and one member nominated by the Director of Public Instruction (presently the Director of Higher Education), Orissa. Besides that, it provided that the Secretary of the Governing Body had to be nominated by the Board from amongst the six members to be nominated by the Executive Committee of the Cuttack Christian Education Board. 4. While matter stood thus, the Orissa Education Act, 1969 was enacted. The said Act stipulated provisions as to how the Educational Institutions of the State of Orissa were to be managed and administered. Subsection (2) of S. 2 of the Act inter alia provided that the Act would have no application so far as Minority Community Institutions were concerned. In consonance with the said provision, the opposite parties never interfere with the management of the aforesaid two Colleges and the same were being smoothly managed by the Governing Bodies constituted of. their own. 5. It is alleged that the State Government for the first time in the year 2004 issued the respective Notifications Annexures-2, in exercise of power conferred on it under the Proviso to sub-section (6) of S. 7 of the Act notifying to dissolve the Governing Body of the petitioner-Colleges, and directed the Additional District Magistrate, Cuttack to take over management of the colleges as President of the Governing Bodies. Thereafter instructions were issued by the State Government to the Principles of the respective Colleges to furnish the names of their bankers and the account numbers they held with regard to the funds of the Colleges. Being aggrieved by issuance of the Notifications dated 10th June, 2004 (Annexure 2 respectively) and the aforesaid follow up action of the State Government, the petitioner-Governing Bodies of the two Colleges have approached this Court. 6. By order dated 28-7-2004 this Court while issuing notice to the opposite parties in the writ petitions had directed as follows :- "In the interim, operation of Annexure 2 dated 10-6-2004, Annexure 3 dated 3-7-2004 and Annexure 4 dated 13-7-2004 shall remain stayed for a period of eight weeks from today." After the opposite parties appeared in the cases, hearing their counsel this Court made the aforesaid interim order absolute. 7. 7. Opposite parties 1 and 2 in W.P. (C) No. 7762 of 2004 have filed a counter-affidavit taking the stand that the Government of Orissa in the Department of Higher Education, after receiving a large number of allegations from various quarters regarding maladministration, had taken a blanket decision for dissolution of the Governing Bodies of all the Non-Government Aided Colleges of the State and to reconstitute the same to ensure orderly, efficient and sound administration in the greater interest of the State. The Governing Body of the Stewart Science College was dissolved as the College was not protected under Art. 30 of the Constitution of India vis-a-vis S. 2 of the Orissa Education Act, 1969. The College had been established by the Baptist Church Trust Association, a company registered under the Indian Companies Act with its registered office at Calcutta. Had the said Trust administered the College, the State Government would not have intervened in the administration, but the administration of the College was handed over to the Diocese of Cuttack on 2-12-1970. It is stated that the averments of the petitioner that the Diocese of Cuttack had established the College is not correct and thus Art. 30 of the Constitution of India does not confer absolute right on Diocese of Cuttack to administer the College and, therefore, the Notification, Annexure 2, issued by the State Government was justified. A similar counter-affidavit has also been filed in W.P. (C) No. 7763 of 2004 by opposite party Nos. 1 and 2 taking almost identical stand. Rejoinder-affidavits have been filed by the petitioners repudiating the averments made in the aforesaid counter-affidavits and reiterating the stand that both the Colleges are Minority Institutions and are protected under Art. 30 of the Constitution of India and any averment made by the State Government to the contrary is not correct. 8. Before considering the dispute in question, it would be prudent to deal with the aims and objects of the Orissa Education Act, 1969. It appears that prior to enactment of the said Act, the educational activities in the State were being regulated through an "Education Code" which was a collection of Executive Instructions issued from time to time by Government. The said Code, however, did not have any statutory support and created more hindrances than convenience in management of the institutions. It appears that prior to enactment of the said Act, the educational activities in the State were being regulated through an "Education Code" which was a collection of Executive Instructions issued from time to time by Government. The said Code, however, did not have any statutory support and created more hindrances than convenience in management of the institutions. It was therefore considered essential to enact an Education Act to ensure that the private educational institutions conform to certain basic minimum infrastructural and academic standards. But then legislature in its wisdom kept the administration of educational institutions established by minorities out of the purview of the Act as would be evident from S. 2 which reads as follows :- "Act not to apply to certain institutions :- Nothing contained in this Act shall apply to educational institutions of their choice established and administered by minorities having the right under Cl. (1) of Art. 30 of the Constitution : Provided that the State Government may, by Notification apply or adopt to an educational institution established and administered by minorities such of the provisions of the Act, so however that the rights under Art. 30 of the Constitution are not infringed." 9. Article 30(1) of the Constitution of India covers Institutions imparting general secular education. The object of Art. 30 is to enable children of minorities to go out in the world fully equipped. In the case of St. Xavier's College v. State of Gujarat, AIR 1974 SC 1389 , the Court held that it would be wrong to read Art. 30(1) as restricting the right of minorities to establish and administer educational institutions of their choice only to cases where such institutions are concerned with language, script or culture of minorities. The settled practice thus is that a minority community can also establish and administer an educational institution to impart general education both in Arts, Science, Humanities or other faculties. In the case of Azeez Basha v. Union of India, AIR 1968 SC 662 , it was held :- "The words 'established and administered' under Art. 30(1) must be read conjointly and so read, it clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them, but not otherwise. In the case of Azeez Basha v. Union of India, AIR 1968 SC 662 , it was held :- "The words 'established and administered' under Art. 30(1) must be read conjointly and so read, it clearly shows that the minority will have the right to administer educational institutions of their choice provided they have established them, but not otherwise. The Article cannot be read to mean that even if the educational institution has been established by somebody else, any religious minority will have the right to administer it because for some reason or other it might have been administering it before the Constitution came into force." In the case of Frank Anthony Public School Employees' Association v. Union of India, AIR 1987 SC 311 , it was observed that the regulatory measures which are designed towards achievement of the goal of making the Minority Educational Institutions effective, instructions for imparting education cannot be considered to impinge upon the right guaranteed under Art. 30(1) of the Constitution. Fundamental rights guaranteed by Art. 30(1) cannot be surrendered fully or partly and the authorities in the garb of receipt of allegations cannot take away the fundamental rights guaranteed under Art. 30. 10. The main ground on which the State resists the rights of the petitioners to manage the Stewart Science College, Cuttack is that the said College was established in the year 1944 by the Baptist Church Trust Association and its management was handed over to the Diocese of Cuttack, a creature of the Church of North India. Thus according to the opposite parties, the Diocese having not established this College has no right to manage the same. But then according to learned counsel for the petitioners, the Baptist Church Trust Association is the Apex Body of which Diocese of Cuttack is a branch. Thus according to the opposite parties, the Diocese having not established this College has no right to manage the same. But then according to learned counsel for the petitioners, the Baptist Church Trust Association is the Apex Body of which Diocese of Cuttack is a branch. Be that as it may, the dispute as to whether the Stewart Science College and Christ College are Minority Institutions or not is no longer in dispute, as would be evident from the letter bearing number 4010/ 83-16179 dated 18-3-1983 (Annexure-11) issued by the Director of Public Instruction (Higher Education), Orissa, as it then was, addressed to the Secretary to Government of Orissa, Education Department wherein it was clearly mentioned that the Stewart Science College, Cuttack and Christ College, Cuttack being Minority Institutions are not governed under the Orissa Education Act, 1969 and the Rules framed thereunder as those two Institutions had been established and were being administered by Christian Minority. In spite of the said decision, it appears, the dispute as to whether the aforesaid two Colleges were Minority Institutions or not cropped up now and then, and the same was referred to the National Commission for Minority Educational Institutions, Government of India. After receiving the said reference notices were issued by the National Commission and after due consideration of the matter, the National Commission, headed by Justice M. S. A. Siddiqui as its Chairman with B. S. Ramoowalia as member on 11-9-2007 ordered as follows :- "It is stated in Col. 9(d) of the petition that the petitioner-Institution has been recognised by the State Government as a Minority Educational Institution. Reliance has been placed on order dated 18-3-1983 issued by the Directorate of Public Instruction (H.E.), Orissa. Since the State Government has already recognised the petitioner-Institution as a Minority Educational Institution, there is no need to issue another certificate by this Commission in this regard. The petition is disposed of accordingly. Copy of the order be sent to the parties." 11. Since the State Government has already recognised the petitioner-Institution as a Minority Educational Institution, there is no need to issue another certificate by this Commission in this regard. The petition is disposed of accordingly. Copy of the order be sent to the parties." 11. In the facts and events narrated above and keeping in view the norms and provisions of the Orissa Education Act, 1969, the Rules and Art. 30(1) of the Constitution of India which enshrines that minorities whether based on religion or language have the right to establish and administer educational institutions, the irresistible conclusion is that in consonance with S. 2 of the Orissa Education Act, nothing contained in the said Act shall apply to the petitioner-Colleges subject to the exception of the Proviso to S. 2. But then the standard of education being of paramount consideration of the State and the same being not a part of the management, the State and its authorities shall have the right to regulate the standard of education in the Colleges in such manner as deemed just and proper as and when contingency may arise, though it shall have no authority to interfere with the constitution of the Governing Body since the same does not fall within the regulatory power of the State. 12. For the discussions made above, this Court allows both the writ petitions, quashes the Notifications, respectively Annexure 2 in the two writ petitions, so far as they relate to the petitioner-Colleges, and directs the opposite party authorities not to interfere with the management/administration of the Colleges. The writ petitions are disposed of accordingly. Petitions allowed.