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december 1989

Supreme Court of India · 1989-12-05

BIHAR STATE MADARASA EDUCATION BOARD,PATNA, THROUGH ITS CHA vs MANAGING COMMITTEE OF MADARASA HANFIAARABIC COLLEGE JAMALIA

Citation / case number
SC 1986/69672
Court
Supreme Court of India
Petitioner
BIHAR STATE MADARASA EDUCATION BOARD,PATNA, THROUGH ITS CHA
Respondent
MANAGING COMMITTEE OF MADARASA HANFIAARABIC COLLEGE JAMALIA
Author
K.N. SINGH
Bench
K.N. SINGH

Judgment text excerpt

The Supreme Court held that Section 7(2)(n) of the Bihar State Madarasa Education Board Act, 1982, which allows the Board to dissolve the managing committee of a Madarasa institution, is unconstitutional as it violates Article 30(1) of the Constitution, which protects the rights of minorities to manage their educational institutions. The Court clarified that while the State can impose regulations for efficiency and public order, it cannot completely take over management under the guise of regulation. The decision of the High Court declaring the provision unconstitutional was upheld, reinforcing the constitutional rights of minorities in educational administration.

BIHAR STATE MADARASA EDUCATION BOARD,PATNA, THROUGH ITS CHA vs MANAGING COMMITTEE OF MADARASA HANFIAARABIC COLLEGE JAMALIA · Niyam