BRAMCHARI SIDHESWAR BHAI AND ORS. ETC. v. STATE OF WEST BENGAL ETC.

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Point-2:" A It is held by a Constitution Bench of this Court in Sri Shirur Math's case (supra) that religious denomination is a collection of individuals classed together under the same religious sect or body having a common faith and organisation and designated by distinctive name, based on the meaning of that phrase found in Oxford Dictionary. It is also held therein B that such a religious denomination falls under Article 26 of the Constitution of India. It is further held therein that the followers of Ramanuja, who are known by the name of Shrivaishnavas while constitute a religious denomination of their own, the followers of Madhavacharya and other religious teachers could be regarded as those belonging to their respective c religious denominations.

Following the view taken as above as regard.' religious denomina- tions', by the Constitution Bench of this Court in Sii Shbur Math's case (supra), a three-Judge Bench of this Court in Acharya Jagdishwaranand Avaduta's case (supra) speaking through Ranganath Misra, J. (as he then D was) has held that 'Ananda Margis', who are a collection of individuals, who have a system of beliefs with regard to their conducive spiritual well being, a common organisation, a definite name, could be regarded as a religions denomination within the Hindu religion, stating that the tests laid down by the Constitution Bench for regarding a denomination as a E religious denomination were satisfied.

In views of the said pronouncements of this Court, persons who claim to belong to religious denomination envisaged under Article 26 of the Constitution can succeed in such claim only when they fulfil or satisfy the tests laid down therein, to wit: F

(i) a collection of individuals who have a system of beliefs with regard to their conducive spiritual well-being;

(ii) a common organisation; and G (iii) a definite name.

A Division Bench of the High Court of Calcutta in its Judgment under appeal has held that Ramakrishna Mission is a religious denomina- tion by stating thus: H

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A 'The followers of Shri Ramakrishna have a common faith. They have common organisation and they are designated by a distinct name."

No good reason is shown to us for not accepting the view of the Division Bench on the point that Ramakrishna Mission or Ramakrishna B Math is ·a religious denomination'. It is not in dispute and cannot be disputed that Sri Ramakrishna could be regarded as religious teacher who expounded, practised and preached the principles of Vedanta on which Hindu religion is founded, to meet the challenges posed to humanity in the changing world and made his disciples to spread the principles so ex- c pounded by him not only in India but all over the world as the basic principles of Hinduism. It cannot also be disputed that the disciples of Ramakrishna formed Ramakrishna Math and Ramakrishna Mission for propagation and promotion of the principles, so expounded, practised and preached by Ramakrishna Parmhanse, by way of publications and building of temples, prayer halls and building of educational, cultural and charitable D institutions as performance of sevas resulting in the coming up of organisa- tions as Ramakrishna Maths and Ramakrishna Missions, all over the world. These Maths and Missions of Ramakrishna composed of the followers of principles of Hinduism as expounded, preached or practised by Ramak- rishna as his disciples or otherwise form a cult or sect of Hindu religion. They believe in the birth of sage Ramakrishna in Dakshineswar as an E Avatar of Rama and Krishna and follow the principles of Hinduism dis- covered, expounded, preached and practised by him as those conducive to their spiritual well being as the principles of highest Vedanta which surpa;sed the principles of Vedanta conceived and propagated by Sankaracharya, Madhavacharya and Ramanujacharya, who were earlier F exponents of Hinduism. Hence, as rightly held by the Division Bench of the High Court followers of Ramakrishna, who are a collection of in- dividuals, who adhere to a system of beliefs as conducive to their spiritual well-being, who have organised themselves collectively and who have an organisation of definite name as Ramakrishna Math or Ramakrishna Mis- sion could, in our vie\V, be regarded as a religious denomin<ition within G Hindu religion, inasmuch as they satisfy the tests laid down by this Court ( in Sri Shirur Math's case (supra) for regarding a denomination as a 'religious denomination'.

For the said reasons, we hold that persons belonging to or owing their allegiance to Ramakrishna Mission or Ramakrishna Math belong to

BRAMCHARISIDHESWARBHA!v. STATE[VENKATACHALA,J.] 791

religious denomination within Hindu religion or a section thereof as would entitle them to claim .the fundamental rights conferred on either of them under Article 26 of the Constitution of India and an~wer Point-2, accord- ingly, in the affirmative.

Point-3: B Since we have held while dealing with Point-2 which arose for our consideration that the persons belonging to or owing allegiance to Ramak- ·rishna Mission or Ramakrishna Math as followers of Ramakrishna, form a religious denomination in Hindu religion, as a necessary concomitant thereof, we have to hold that they have a fundamental right of establishing C and maintaining institutions for a charitable purpose under Article 26(a) of the Constitution of India, subject, of course, to public order, morality and health envisaged in tha_t very Article.

Point-3 is, accordingly answered, in the affirmative. D Points 4 to 6:

If followers of Ramakrishna Mission who, as held by us to be religious denorii.ination in Hindu religion in answering Point-2, have the right to establish and maintain institutions for charitable purposes, subject to public order, morality and health as held by us in answering Point-3, can E any educational institution established by and maintained by Ramakrishna Mission be regarded as an institution established and maintained for charitable purpose within the meaning of Article 26(a) of the Constitution of India, is an important point that arises for our consideration here.

No doubt a six-Judge Bench of this Court in the case of Siddarajbhai F v. State of Gujarat, AIR (1963) SC 540 while considering the question whether the serious inroads made by the Rules and Order issued by the State Government in respect of an educational institution established and administered by a minority entitled to protection under Article 30(1) of the Constitution of India, speaking through Shah, J. (as he then was) has G observed thus:

"Article 26 occurs in a group dealing with freedom of religion and is intended to protect the right to manage religious affairs. By clause (a) of Article 26, every religious denomination or any section thereof, has, subject to public order, morality and health, the right H

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A to establish and maintain institutions for religious or charitable purposes and in a larger sense an educational institution may be regarded as charitable."

But, it was thought not necessary to express any opinion on the plea that the right of petitioners under Article 26(a) was infringed, in that B petitioners were entitled to protection of Article 30(1) of the Constitution.

While the learned single Judge of the High Court who decided the Writ Petition took the view that Article 26(a) is confined to institutions imparting religious instructions and not to institutions imparting general education, the learned judges of the Division Bencb of the High Court c deciding the appeal have taken the view that Article 26(a) extends to establishment and maintenance of religious and charitable institutions in- cluding institutions for imparting education and that the essential part of the cult of Shri Ramakrishna being spreading of education, educational institutions of general education of Ramakrishna Mission have the protec- D tion of Article 26 (a) of the Constitution making it, however, clear that they do not mean to lay down that establishment of educational institutions would be essential matter of their religion.

We think that the learned Judges of the High Court should not have decided on the general question whether educational institutions estab- E lished and maintained by religious denomination including those estab- lished and maintained by Ramakrishna Mission for general education get the protection of A1ticle 26(a) of the Constitution when that question in a general form, was not really at issue before them. Therefore, the views expressed on the question shall, according to us, ought to be treated as nonest and the question is left open to be decided in proper case, where such question really arises and all the parties who might be concerned with it are afforded adequate opportunity to have their say in the matter.

As we have pointed out while narrating the facts, which gave rise to the filing of Writ Petition before the High Court earlier and now to the filing of present appeals, Ramakrishna Mission College was established by Ramakrishna Mission at the instance of the Central Government and the West Bengal Government and was allowed to be administered by it through a Governing Body constituted by it (Ramakrishna Mission). The State Government did not envisage the constitution of a Governing Body of its own for the Ramakrishna Mission College on the standard pattern of

BRAMCHAR!SIDHESWAR BHA!v. STATE[VENKATACHALA,J.] 793

governing bodies required to be constituted of sponsored colleges, as such, either before the coming into force of the W.B. Act of 1975 or the W.B. '. Act of 1978 as was done in respect of other sponsored colleges or sub- sequent to the coming into force of those Acl,, being of the view that a college like Ramakrishna Mission College of Ramakrishna Mission at Rahra, which was a specially sponsored college having a specially con- B stituted Governing Body of its own should be excepted for purposes of constitution of Goven;iing Body on standard pattern. This fact becomes clear from the State Government's letters and clarification to which we have already referred to. However, this fact also becomes clear from the Memo dated 18th April, 1978 issued by the Deputy Secretary to Govern- ment, which reads : c "GOVERNMENT OF WEST BENGAL EDUCATION DEPARTMENT College (Sponsored) Branch

- From : Shri D.L. Guba, M.A.,

To: Deputy Secretary to the Govt. of West Bengal.

The Director of Public Instruction, West Bengal D

To: 752-Edn (CS)/C.S. 30-3/77 E Dated, Calcutta, the 18th Apri~ '78.

Subject : Composition of the Governing Body of Sponsored colleges. F The undersigned is directing to say that for some time past Govern- ment have been .feeling the necessity of revising the existing pattern for the composition of the Governing bodies of the Government sponsored col- leges excepting in cases where the college has a special constitution 011 the basis of Tmst Deeds or where the colleges are 1un by Missionary Societies on the basis of agreement with the respective Missions. After careful considera- G lion of the different aspects of the matter and keeping in view of the necessity of ensuring the academic interest and efficient administration of these institutions of which Government has undertaken full financial responsibility the Governor has been pleased to order that in supersession of all previous orders relating to the constitution of Governing Body of H

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A sponsored College, the new standard pattern for the composition of the Governing Bodies of sponsored college' will be as follows:-

A. 1. President - To be nominated by Government.

2. Secretary - Principal of the College - Ex - officio. B 3-5. Three representatives of the whole-time permanent teachers of the college to be elected from among t~emselves.

6. One representative of the whole-time permanent non-teaching employees of the college to be elected frClDI among themselves. c 7-8. Two persons to be nominated by the Government.

9Copy pinpoint9. One Educationist to be nominated by the Director.

10Copy pinpoint10. One Educationist to be nominated by the University to which the D college is affiliated.

11Copy pinpoint11. One representative of the regular students of the College. He should be the duly elected General Secretary of the Student's Union. - E B. The terms of the Governing Body of the College should be for a period of three years. The representatives of the whole-time permanent teachers and the representatives of the whole-time permanent non-teaching staff should hold office for a period of three years. F C. Where the college is a women's college or a co-educational one at least one of the two Government nominees should be a woman.

2. This order comes into force with immediate effect.

3. In order that there is no dislocation in administration of the G sponsored colleges, the Governor has also been pleased to order that until now Governing Bodies of the sponsored colleges are constituted in accordance with the pattern prescribed above the existing arrangement will continue.

H 4. The Governor is also pleased to order that there should be

BRAMCHARIS!DHESWARBHA!v. STATE [VENKATACHALA,J.] 795

Finance Committee in every sponsored college consisting of five members, three of whom should be representatives of the whole-time permanent teachers of the College, one should be representative of the whole-time permanent non-teac)ling staff of the college and the Principal of the college (Ex-of- ficio). The representative staff shall be elected in the manner as laid down in para l(a) above.

The duties and functions of the Finance Committee shall be such as may be prescribed by the Government.

Sd/- C D.L. Guha, 18.4.78 Deputy Secretary.

(Italicised by us)

As stated above, the State Government has excepted the Ramakrish- D na Mission College at Rahra in the matter of constituting of a Governing Body on standard pattern for the obvious reason that constituting such a governing body for a college like Ramakrishna Mission College which was all through allowed to have a governing body constituted by Ramakrishna Mission, which had built the College on its land conceding to the request made in that behalf by the State Government itself on the initiation of E Central Government, may not be just. Thus when Ramakrishna Mission College had come to be built, established and managed by the Ramakrish- na Mission, it is difficult for us to think that the learned Judges of the Division Bench of the High Court were not right in holding that the Government should not be directed by issue of a mandamus, to constitute F a governing body for the Ramakrishna Mission College on standard pattern laking recourse to the W.B. Act of 1975 and the W.B. Act of 1978, although for its own reasons. Therefore, in the peculiar facts and circumstances in which Ramakrishna Mission College at rohra was established on Ramak- rishna Mission's land and allowed to administered by the Ramakrishna G Mission through its own Governing Body, we feel that interest of justice · may suffer by directing the State Government to constitute its own govern- ing body on standard pattern of the usual sponsored colleges, as prayed for by the writ petitioners. However, the view we have expressed in the matter shall not come in the way of the State Government to change their earlier arrangement with the Ramakrishna Mission in the matter of gover- H

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A nance of the Ramakrishna Mission College, if on objective considerations such change becomes necessary in the larger interest of students, teachers and other employees of that College and is so permitted by law.

In the said view we have taken in the matter of constituting a Governing Body by the Government of West Bengal in respect of the B Ramakrishna Mission College at Rahra, there is no need to go into the question that there has been infringement by the Government of Ramak- rishna Mission's fundamental rights to establish and maintain educational institutions under Article 26(a) of the Constitution of India inasmuch as such a question does not arise, in view of the answer already given by us c on Point-3 above. So also, question of directing the West Bengal Govern- ment because of the W.B. Act of 1975 and the W.B. Act of 1978, to constitute governing body on 'standard pattern' of sponsored college en- visaged under its Memo dated 18th April, 1978 in respect of Ramakrishna Mission College, cannot arise.

D Points 4 to 6 are accordingly answered.

In the result we dismiss these appeals, however by setting aside the holding of the learned single Judge in the Writ Petition that Ramakrishna religion being a religion distinct and separate from Hindu religion was a minority in West Bengal based on religion, entitled to protection under E Article 30(1) of the Constitution of India as upheld by the Division Bench of the High Court in its judgment deciding the appeals before it and also by setting aside the holding of the Division Bench of the High Court that Ramakrishna Mission as a religious denomination was entitled to establish and maintain institutions of general education under Article 26(a) of the F Constitution of India a those established and maintained for a charitable purpose.

Having regard to the nature of controversies decided in these ap- peals, we direct all parties to bear their own costs.

9. T.N.A. Appeals dismissed.