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PETITIONER:

BRAMCHARI SIDHESWAR BHAI &ORS.ETC.

Vs.

RESPONDENT:

STATE OF WEST BENGAL ETC.

DATE OF JUDGMENT02/07/1995

BENCH:

VENKATACHALA N. (J)

BENCH:

VENKATACHALA N. (J)

KULDIP SINGH (J)

AHMAD SAGHIR S. (J)

CITATION:

1995 AIR 2089 1995 SCC (4) 646

JT 1995 (5) 205 1995 SCALE (4)113

ACT:

HEADNOTE:

JUDGMENT:

THE 2ND DAY OF JULY,1995

present:

Hon'ble Mr.Justice Kuldip singh

Hon'ble Mr.Justice N.Venkatachala

Hon'ble Mr.Justice S.Saghir Ahmad

Mr.Shanti Bhushan,Mr.Tapas Ray, Mr.A.K.Ganguli,

Mr.P.P.Rao and Mr.Dhruv kr.Mukherjee, Sr.Advs.,

Mr.H.Puri, Mr.S.K.Puri,(Mr.Raj Kumar Gupta,Advs.for

Mr.Rajesh,Adv.,(m/s.Dilip Sinha,J.R.Das,Advs for

M/s.Sinha and Das,Advs.,Mr.Indra Makwana,Mr.V.B.Joshi,

Mr. Umesh Bhagwat,Mr.Alok Singh,Mr.Rathin Das,Mr.Abhijit

Sengupta,Mr.A.D.Sikri,Mr.A.K.Chakravarti,Mr.A.Mariarputham,

Ms.Aruna Mathur,Mr.Charavorty,Mr.Bijan Kumar Ghosh,

Mr.P.P.Choudhary and Mr.R.K.Gupta,Advs.with them for

the appering parties.

J U D G M E N T

The following Judgment of the court was delivered:

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOs. 4434A-34D OF 1986

WITH

CIVIL APPEAL NOs. 4937/85.5676-78/85

WITH

I.A.No.1 IN C.A. Nos.5676-78/85 and CMP

NO.23111/86 IN C.A. NO.4937/85

Bramchari Sidheswar Shai & Ors.etc.

Versus

state of West Bengal etc.

J U D G M E N T

VENKATACHALA, J.

The sustainability of the common judgment of Division

Bench of the calcutta High Court rendered in appeals

preferred against the order of dismissal of a Writ Petition

by a learned single judge of the same High Court by which

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the claim of the followers of Ramakrishna that an

educational institution established and administered by

their Ramakrishna Mission receives protection under Article

30(1) of the Constitution of India being an educational

institution established and administered in exercise of

their fundamental right as a minority based on religion and

under Article 26(a) of the constitution of India being an

educational institution established and maintained in

exercise of their fundamental right as a religious

denomination or section thereof,is upheld, since arises for

our consideration in the present appeals filed against that

judgment, all of them could be disposed of by this judgment.

As the writ petition filed in the High Court, which has

led to the present appeals related to Ramakrishna Mission

Vivekananda Centenary College at Rahra- Ramakrishna Mission

College ',established and administered by Ramkrishna

Mission, it would be advantageous to refer to material facts

relating to establishment and administration of that college

and the controversies thereto which led to the filing of the

writ petition, and ultimately the present appeals , for a

proper apprisal and appreciation of the points arising for

our consideration in deciding the present appeals.Such facts

are briefly these:

By letter dated 19th july 1961, the secretary,Education

department of Government of West Bengal informed Swami

Punnyananda Maharaj of Ramakrishna Mission Boys' Home of

Ramakrishna Mission at Rahra of the willingness of

Government of India for granting rupees two lakhs for

construction of a college building on a suitable site at

Rahra to be made available by Ramakrishna mission and of the

willingness of the Chief Minister to meet the additional

cost of construction of such college building from funds of

State Government,requested him to communicate the acceptance

by Ramakrishna Mission of the proposal and further prepare

plans and estimated cost of college building early.On

Ramakrishna Mission's acceptance of the said proposal

Government of West Bengal, issued Memo dated 27th October

,1961,intimating its Director of Public Instruction of

Governor's approval for setting up a three year degree

college under the auspices of Ramakrishna Mission Boy's

Home at Rahra at its site at an estimated cost of

Rs.7,25000/- to be borne by the State Government and

Government of India. Thereafter,by a letter dated 25 th

April,1962 the Deputy secretary to Government of West Bengal

addressed to Registrar,Calcutta University intimated him of

the three year degree college to be set up at Rahra under

the auspices of Ramakrishna Mission and its readiness to

manage the college through a Governing Body to be

constituted by it. In turn by another letter dated 29th

August,1962, the Director of public Instruction intimated to

the Registrar, Calcutta University that the said college was

being inaugurated under the auspices of Ramakrishna Mission

Boy's Home and will function as a sponsored college with

financial assistance from the State Government and Union

Government and requested for obtaining University's

affiliation of the college upto B.A/B.Sc. courses and

approval of college Governing Body constituted by the

Ramakrishna Mission. Calcutta University being of the view,

that it was quite in fitness of things that the college was

being ushered into existence in commemoration of the birth

centenary of Vivekananda, who contributed so much to uplift

the down-trodden and the building up of national character

and education, not only granted affiliation to the proposed

college, but also accorded approval to Governing Body of

that College as constituted by Ramakrishna Mission.

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Thereafter,Governing Body of the College as constituted by

Ramakrishna Mission from time to time with special approval

obtained from the state Government and the University,

continued to administer the affairs of that College.

Ramakrishna Mission College did not, therefore have a

Governing Body which was modelled on the common pattern of

governing bodies of sponsored colleges as becomes clear

even from Government Memo dated 16th January,1971 conveying

approval of Governor for common pattern of Governing bodies

of sponsored colleges, for it said that the approval given

by Governor regarding composition of the governing bodies of

the sponsored colleges, did not include Governing Bodies of

sponsored colleges run by Missionary Societies on the basis

of agreement with respective Missions. Indeed, the letter of

Deputy Secretary to Government refering to the said Memo had

clarified that the Memo in its application to specially

sponsored colleges such as Colleges managed by Ramakrishna

Mission, Christian Order Missionary Society Brahma Samaj,

Trust Deed etc.would be modified by Government according to

exigencies by mutual agreement with Mission/Society/parties

concerned. In his Memo dated 18th April, 1978, the Deputy

Secretary to Government of West Bengal also clearly stated

that the Government had been feeling the necessity of

revising the existing pattern for composition of Governing

Bodies of Government sponsored colleges on a "standard

pattern" excepting where the college concerned 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 respective Missions.

When according to the said Memo dated 18th April, 1978,

the existing Governing Body of the Ramakrishna Mission

College was carrying on the governance of that college, that

on 12.8.1980 by a letter of even date. Principal of that

college Swami Jitatnanda resigned his post. This situation

led to the appointment of Shivamoyananda who was till then

head of Ramakrishna Mission Vidya Mandir, Bellurmath, as

Principal of Ramakrishna Mission College.

Teachers Council of the Ramakrishna Mission College who

were agitated by new Principal's appointment, by resorting

to strike, took over the management of the College and

prevented the newly appointed Principal Shivamoyanda from

functioning as Principal but also made Prof.A.R. Das Gupta

to function as the in-charge Principal of the College. This

untoward situation led Ramakrishna Mission and the Secretary

of the Governing Body of the College Institute a civil suit

-suit No.111 of 1980 in 10th Court of Sub-Judge, Alipore

seeking a declaration that the functioning of A.R.Das Gupta

as Principal and the functioning of 14 professors in the

college was illegal.

When the affairs of the said Ramakrishna Mission

College stood as above, that on 18.12.1980 the appellants in

Civil Appeal No.4937 of 1985 by filing C.O.No.12837(w) of

1980 in the High Court sought for issue of (i) a writ in the

nature of mandamus commanding the Government of West Bengal

to reconstitute the Governing Body of the Ramakrishna

Mission College according to standard pattern for Governing

Bodies of sponsored college as per Government Memo No.752-

Edn(cs)/c.s.30-3/77 dated 18th April,1978;(ii) a writ

declaring that the Ramakrishna Mission college is governed

by W.B. Act of 1975;and W.B. Act 1978;(iii) a writ in the

nature of quo warranto restraining Swami Shivmoyananda as

Pricipal of Ramakrishna Mission College, and other

incidental writs.

The grant of prayers sought for in the said writ

petition was resisted by Ramakrishna Mission, Secretary of

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the Ramakrishna Mission College and Shivamoyanada, who were

respondents in that writ petition and are respondents in

present Civil Appeal No.4937 of 1985 and other Civil

appeals.

However,as three notices were sent by the Calcutta

University to Ramakrishna Mission during the pendency of the

writ petition for reconstituting the

Governing Bodies of the Ramakrishna Mission Residential

College, Narendrapur,Ramakrishna Mission Siksha Mandir,

Howrah and Ramakrishna Mission Vidya Mandir, Howrah , the

sustainability of those notices was questioned by

Ramakrishna Mission, by filing an Interlocutory Application

in the writ petition itself.

A learned single Judge of the High Court although

dismissed the said writ Petition, quashed the said three

notices issued by the Calcutta University to the Ramakrishna

Mission for reconstituting the Governing Bodies of its

three colleges, on his view that the Ramakrishna Mission

College and other colleges of Ramakrishna Mission since

estasblished and administered by Ramakrishna Mission,

comprised of the followers of Ramakrishna religion , being

protected under Article 30(1) of the Constitution, the

provisions in W.B.Act of 1975 and the W.B. Act of 1978,did

not apply . However, he did not accept the claim of the

Ramkrishna Mission that Article 26(a) of the Constitution

enabled the Ramakrishna Mission to establish educational

institutions as a religious denomination.The writ

petitioners as a religious denomination. The writ

petitioners, who were aggrieved against the order of

dismissal of their writ petition by the learned single

judge and of quashing of the notices for reconstituting of

Governing Bodies of Certain colleges of the Ramkrishna

Mission preferred a writ appeal against that order. The

State of West Bengal and Calcutta University who also felt

aggrieved by the said order of learned single judge ,filed

separate writ appeals questioning its correctness. A

Division Bench of the High Court, Which clubbed those writ

appeals and heard them together, dismissed all of them by a

common judgnent having expressed its agreement with the

learned single Judge that the Ramakrishna Mission comprised

of followers of Ramakrishna, being a minority based on

religion, was protected under Article 30(1) of the

Constitution, and also its disagreement with the view that

Article 26(a) of the Constitution did not protect the

Ramakrishna Mission from establishing educational

institutions as a religious denomination. Dismissal of the

appeals was also based on the view of the Division Bench

that both the W.B. Act of 1975 and the W.B. Act of 1978

since did not contain any express provision including their

application to educational institutions established and

maintained by the Ramakrishna Mission, those Acts would be

inapplicable,to the Ramakrishna Mission College and other

colleges of Ramakrishna Mission for to hold otherwise would

amount to infringement of the rights enjoyed by the

Ramakrishna Mission under Articles 26(a) and 26(b) of the

Constitution. However, it left open the question of legality

or otherwise of the direction contained in the notices

issued by the Calcutta University to the Ramakrishna

Mission for reconstitution of Governing Bodies of the

Ramakrishna Mission Residential College, Narendrapur,

Ramakrishna Mission Siksha mandir, Howrah and Ramkrishna

Mission Vidya mandir, howrah.

doctrines and teachings of Ramakrishna and have become his

follwers, claim to belong to a minority based on Ramakrishna

religion which was distinct and different from Hindu

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religion and as such entitled to the fundamental right

under Article 30(1) of the Constitution of India , of

establishing and administering educational institutions of

their choice through Ramakrishna Mission or its branches in

that State?

2. Do persons belonging to or owing allegiance to Ramkrishna

Mission belong to a religious denomination or any section

thereof as would entitle them to claim the fundamental

rights conferred on either of them under Article 26 of the

Constitution of India?

3. If persons belonging to or owing allegiance to

Ramakrishna Mission is a religious denomination or a section

there of , have they the fundamental right of estblishing

and maintaing institutions for a charitable purpose under

Article 26(a) of the Constitution of India.

4. If Ramakrishna Mission as a religious denomination or a

section there of establishes and maintains educational

institutions, can such institutions be regarded as

instituions established and maintained for charitable

purpose within the meaning of Article 26(a) of the

Constitution of India?

5. Is Ramakrishna Mission College at Rahra established and

maintained by Ramakrishna Mission and if so , will the

constitution of its governing body by the government of west

Bengal amounts to infringment of Ramkrishna Mission's

fundamental right to establish and maintain an educational

institution under Article 26(a) of the Constitution of

India?

6. Can the court direct the West Bengal Government because

of W.B.Act 1975 and W.B.Act 1978, to constitute governing

body on standard pattern of sponsored college envisaged

under its Memo dated 18th April, 1978 in respect of

Ramakrishna Mission College when that Memo itself says that

colleges establised and maintained by Missions on the basis

of agreements cannot be treated as sponsored colleges for

the purpose of constituting governing bodies for them on a

standard pattern.

Before taking up the above points for consideration, we

may advert to the views of this Court expressed in some of

its decisions on matters, such as Hindu religion , religious

denomination, to our advantage:

A Constitution Bench of this Court in the commissioner,

Hindu Religious Endowments, Madras & sri Lakshmindra Thirtha

Swamiar of Sri Shirur Mutt [(1954) SCR,1005] speaking

through Mukherjee, j. (as he then was), who spoke for the

Bench while holding that certain provisions of the Madras

Hindu Religious and Charitable Endowments Act, 1951

imposing tax on religious trusts and institution were ultra

vires Article 26 of the Constitution of India, adverted to

the meaning of the word religion and the expression

religious denomination found in the Constitution of India,

thus:

"... The word religion has not been

define in the Constitution and it is a

term which is hardly susceptible of any

rigid definition. In an American case

[Davis v. Benson,133 US at 342] it has

been said that term religion to his

Creator and to the obligations they

impose of reverence for His Being and

character and of obedience to His will.

It is often confounded with cultus of

form or worship of a particular ect ,

but is distinguishable from the latter,.

We do not think that the above

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definition can be regrded as either

precise or adequate.Articles 25 and 26

of our Constitution are based for the

most part upon asticle 44(2) of the

Constitution of Eire and we have great

doubt whether a definition of religion

as given above could have been in the

minds of of faith with individuals or

communities and it is not necessarily

theis tic. There a are well known

religions in India like Buddhism and

jainism which do not believe in god or

in any Intelligent First Cause. A

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 spirtual

well being but it would not be correct

to say that religion is nothing else but

a doctrine or belief.A religion may not

only lay down a code of ethical rules

for its followers to accepts , it might

prescrive rituals and obsevances,

cermoniwes and modes of worship which

are regarded as integral observances

might extend even to matters of food and

dress."

Then dealing with the meaning and connotation of the

expression religious denomination and whether a Math could

come within this expression , it has been ovserved thus :

"..... The word denomination has been

defined in the Oxford Dictionary to

mean a collection of individuals classed

together under the same name : a

religious sect or body having a common

faith and organisation and designted by

a distinctive name it is well know that

the practice of setting up Maths as

centres of theological teaching was

started by Shri Sankaracharya and was

followed by various teachers since

then. After Sankara, came a galaxy of

religious teachers and philosophers who

founded the different sects and sub-

sects can certainly be called a

religious denomination , as it is

designated by adistinctive name,- in

many cases it is the name of the founder

, and has a common faith and common

spiritual organisation. The followers of

Ramanuja , who are known by the name of

Shri Vaishnabas,undoubtedly constitute

a religious denomination; and so do the

followers of Madhwacharya and other

religous teachers .It is a fact well

established by tradition that the eight

udipi Maths were founded bu Madhwacharya

himself and the trustees and the

beneficiaries of these Maths profess to

be followers of that teaher , The HIgh

Court has found thatthe Math in

question is in charge of the Sivalli

Brahmins who constitute a section the

followers of Madhwacharya . As Article

26 contemplates not merely a religious

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denomination but also a section ther of

, the Math or the spiritual fraternity

represented by it can legitimately come

within the purview of this article.

"In Shastri Yagnapurushdasji and others & muldas Bhundardas

vaishya and another [AIR 1966 SC 1119]a Constitution Bench

of this Court was required to consider the question whether

the Bombay High Court was right in holding that

Swaminarayan Sampradaya sect to which the appellants before

the court belonged is not a religion distinct and separate

from the Hindu religion .In that context,

Gajendragadkar,c.j who spoke for the Bench considered the

questions elaborately as to who are Hindus and What are the

broad features of HIndu religion, thus:

"(27) Who are Hindus and what are the

broad features of Hindu religion, that

must be the first part of our enquiry

in dealing with the present controversy

between the parties. The historical and

etymological genesis of the word 'Hindu

has given rise to a controversy amongst

indo-logists; but the view generally

accepted by scholars appears to be that

the word 'Hindu'is derived from the

river Sindhu otherwise known as Indus

which flows from the Punjab. That part

of the great Aryan race, says Monier

Williams , which immigrated from Central

Asia, through the mountain passes into

India, settled first in the districts

near the river Sindhu (now called the

Indus). The perisian pronounced this

word Hindu and named their Aryan

brethern Hindus. The Greeks, who

probably gained their first ideas of

india pesians , dropped the hard

aspirate, and called the Hindu 'Indii'

(28). The Encyclopaedia of Religion and

Ethics,Vol.VI, has described

'Hindusim'as the title applied to that

form of religion which prevails among

the vast majority of the present

population of the Indian Empire (p.686).

As Dr. Radhakrishnan has observed: 'The

Hindu civilization is so called, since

its original founders or earliest

followers occupied the territory drained

by the Sindhu (the Indus) river system

corresponding to the North-West Frontier

Provvince and the Punjab. This is

recorded in the Rig Veda, the oldest of

the Vedas, the Hindu scriputres which

give their name to this period of Indian

history. The people on the Indian side

of the Sindhu were called Hindu by the

Persian and the later western invaders

[The Hindu view of life by Dr.

Radhakrishnan, p.12]. That is the

genesis of the word 'Hindu'.e>

(29). When we think of the Hindu

religion, we find it difficult, if not

impossible, to define Hindu religion or

even adequately describe it. Unlike

other religions in the world, the Hindu

religion does not claim any one prophet;

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it does not worship any one God; it does

not subscribe to any one dogma; it does

not believe in any one philosophic

concept; it does not follow any one set

of religious rites or performances; in

fact, it does not appear to satisfy the

narrow traditional features of any

religion or creed. It may broadly be

described as a way of life and nothing

more.

(30). Confronred by this difficulty, Dr.

Radhakrishnan, realised that to many

Hinduism seems to be a name without any

content. Is it a museum of beliefs, a

medley or rites; or a mere map, a

geographical expression [The Hindu View

of Life by Dr. Radhakrshnan, P.11]?.

Having posed these questions which

disturbed foreigners when think of

Hinduism, Dr.Radhakrishnan has explained

how Hinduism has steadily absorbed the

customs and ideas of peoples with whom

it has come into contact and has thus

been adle to maintain its supremacy and

its youth. The term Hindu, according to

Dr. Radhakrishnan, had originally a

territorial and not a credal

significance. It implied residence in a

well deficed geographical area.

Aboriginal tribes, savage and half-

civilized people, the cultured

Dravidians and the Vedic Aryans were

all Hindus as they were the sons of the

same mother. The Hindu thinkers reckoned

with the striking fact that the men and

women dwellining in India belonged to

different communities, worshipped

different gods, and practised different

rites [the Hindu View of life by Dr.

Radhakrishan, p.12] (Kurma Purana).

(31). Monier Williams has observed that

it must be borne in mind that Hinduism

is far more than a mere form of theism

resting on Brahmanism. It presents for

our investigation a complex congeries of

creeds and doctrines which in its

gradual accumulation may be compared to

the gathering together of the mighty

volume of the Gangas, swollen by a

continual influx of tributary rivers and

rivulets, spreading itself over an

everincreasing area of country and

finally resolving itself into an

intricate Delta of tortuous streams and

jungly marshes..The Hindu religion is a

reflection of the Hindu religion is a

reflection of the composite character of

the Hindus, who are not one people but

many. It is based on the idea of

universal receptivity . It has ever

aimed at accommodating itself to

circumstances, and has carried on the

process of adaptation through more than

three thousand years. It has first borne

with and then, so to speak, swallowed,

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digested, and assimilated simething from

all creeds (Religious Thought & life in

India by Monier Williams ,p.57].".

Dealing with broad sweep of the Hindu philosophic

concept, it has been stated thus:

(33). The monistic idealism which can be

said to be the general distinguishing

feature of Hindu Philosophy has been

expressed in four different forms: (1)

Non-dualism or Advaitism; (2) pure

monism, (3) Modified monism; and (4)

Implicit monism. it is remarkable that

these different forms of monistic

idealism purport to derive support from

the same Vedic and Upanishadic texts,

Shankar, Ramanuje, Vallabha and Madhva

all based their philosophic concepts on

what they regarded to be the synthesis

between the Upanishads, the Brahmasutras

and the Bhagvad Gita. Though philosophic

concepts and principles evolved by

different Hindu thinkers and

philosophers varied in many ways and

even appeared to conflict with each

other in some particulars, they all

had reverence for the past and accepted

the Vedas as sole foundation of the

Hindu philosophy. Naturally enough, it

was realised by Hindu religion from the

very beginning of its career that truth

was many sided and different views

contained different aspeccts of truth

which no one could fully express. This

knowledge inevitable bred a spirit of

tolerance and willingness to understand

and appreciate the opponent's point of

view , That is how the several views set

forth in India are considered to be the

branches of the self-same tree. The

short cuts and blind alleys are somehow

reconciled with the main road of advance

to the truth [ibid,p.48].'when we

consider this broad sweep of the Hindu

philosophic concepts, it would be

realised that under Hindu philosophy,

there is no scope for ex-communicaing

any notion or principle as heretical and

rejecting it as such.

Thereafter, the basic concepts of Hindu religion, are

stated thus:

(35)...The first amongst these basic

concepts is the acceptance of the Veda

as the highest authority in religious

and philosphic matters, This concept

necessary implies that all the systems

claim to have drawn their principles

from a common reservoir of thought

enshrined in the Veda. The Hindu

teachers were thus obliged to use the

heritage they reeceived from the past in

order to make their views readily

understood. The other basic concept

which is common to the six systems of

Hindu philosophy is that all of them

accept the view of the great world

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rhythm. Vast periods of creation,

manitenance and dissolution follow each

other in endless succession. This theory

is not inconsistent with belief in

progress: for it is not a question of

the movement of the world reaching its

goal times without number, and being

again forced back to its starting-

point.....It means that the race of man

enters upon and retravels its ascending

path of realization. This interminable

succession of world ages has no

beginning [Indian Philosophy by Dr.

Radhakrishnan, Vol.II, p.26]."It may

also be said that all the systems of

Hindu philosophy belief in rebirth and

pre-existence. Our life is a step on a

road, the direction and goal of which

are lost in the infinite. On this road,

death is never an end or an obstacle but

at most the beginning of new steps [

Indian philosophy by Dr. Radhakrishnan,

Vol.II, p.27]. Thus ,it is clear that

unlike other religions and religions and

religious creeds, Hindu religion is not

tied to any definite set of philosophic

concepts as such."

Adverting to the question whether Hindus worship at

their temples the same set or number of gods, it has been

observed thus:

(36)....... Indeed, there are certain

sections of the Hindu community which do

not believe in the worship of idols;

and as regards those sections of the

Hindu community which believe in the

worship of idols, Their idols differ

from community to commuunity and it

cannot be said that one definite idol or

a difinite number of idols are

worshioped by all the Hindus in general.

In the Hindu pantheon the first gods

that wete worshipped in Vedic times were

manily Indra, Varuna, Vayu and Agni.

Later, Brahma, Vishnu and Mahesh came to

be worshipped. In course of time, Rama

and Krishna secured a place of pride in

the Hindu pantheon, and gradually as

different philosophic concepts held sway

in different sects and in different

sections of gods were added, with the

result that today the Hindu pantheon

presents the spectacle of a very large

number of gods who are worshipped by

different sections of the Hindus."

However, dealing with the development of the Hindu

religion and philosophy from time to time,it is ovserved

thus:

(37)....The development of Hindu

religion and philosophy shows that from

time to time saints and religious

reformers attempted to remove from the

Hindu thought and practices elements of

corruption and superstition and that led

to the formation of different sects.

Buddha started Buddhism; Mahavir founded

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Jainism; Basava became the founder of

Lingayat religion, Dhyaneshwar and

Tukaram initiated the varakari cult;

Guru Nanak inspired sikhism; Dayananda

founded Arya Samaj, and Chaitanaya

became Bhakti cult; and as result of the

teachings of Remakrishna and

vivekananda, Hindu religion flowered

into its most attractive progressive and

dynamic form. If we study the teachings

of these saints and religious reformers,

we would notice an amount of divergence

in their respective views; but

underneath that divergence, there is a

kind of subtle indescribable unity which

keeps them within the sweep of the broad

and progressive Hindu religion.

"Ultimately, reference is made to the working formula

evolved by Tilak and is found to be adequate and

satisfactory formula. That working formula is quaoted thus:

"Acceptance of the Vedas with reverence;

recognition of the fact that the means

or ways to salvation are diverse; and

realisation of the truth that the

number of gods to be worshipped is

large, that indeed is the distinguishing

feature of Hindu religion. [B.G.Tilak's

Gitarahasaya]."

In Acharya Jagdishwaranand Avadhuta, etc. &

Commissioner of police, Calcutta & Anr.[(1984) 1 scr 447],

Ranganath Mishra , J. (as he then was speaking for a

three-judge Bench of this Court has held that Anand Margis

being a collection of individuals who have a system of

beliefs with regard to their conducive spiritual well-being,

a common organisation and a definitive name, would be a

religious denomination within the Hindu religion, inasmuch

that satisfy the tests laid down by the constitution Bench

of this Court in that regard in Sri Shirur Mutt's case

(supra).

We could now refer to the points arising for our

consideration in these appeals and consider them seriatim.

point-1 :

Point-1:

The learned single Judge of the High Court who decided

the Writ Petition, took the view that the followers of

Ramakrishna were entitled to protection of Article 30(1) of

the constitution of India since the religion preahced and

propagated by Thakur Sri Ramakrishna and his great chella

Swami Vivekananda, is Ramakrishna religion - a universal

religion, different from the Hindu religion. The factors

which led the learned single Judge to take the above view in

respect of the Ramakrishna religion are the following:

Fundamental tents of Ramakrishna religion set out in

the statement of Swami Ramanand in his affidavit filed in

opposition to the writ Petition, which according to him made

it unique by comprehending all other religions without

identifying itself with any of them :

"1. That Thakur Shri Ramakrishna

paramhansa Deva practised various

religions including Islam and realised

the truth underying these religions.

2. That shri Ramkrishna's spiritual

practice culminated in experience that

all beings are in essence divine and

identical with Eternal Existence,

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Consciousness and Bliss, and that the

ultimate aim of human life is to realise

this Truth and attain eternal life.

3. Shri Ramkrishan discovered that the

same Eternal Truth underlies all

religious, whichis the essence of all

scriptures. That all religions are true.

4.According to Shri Ramkrishnan,

Religion is not an end in itself but is

a means to achieve the said aim of human

life.

5. He (Ramkrishan) proclaimed that all

religions are only diferent paths

leading to the same goal.

6. He (Ramkrishan) preached that sevice

to man as the veriable manifestation of

God, in a spirit of worship, is a sure

way to realise the Truth.

7. Accepting all religion to be true

he (Ramakrishna) prohibited condemnation

of any of them."

Most important features of Ramakrishan religion, set

out by Swami Ramananda in his affidavit in opposition, which

according to him distinguished Ramakrishan religion froma

ll other cults or religions including traditional HInduism:

"(i). The religion of Shri Ramkrishna

looks upon Sri Ramkrishna as an

illustration and emobdiment of the

Religion Eternal which constitutes the

core of all religious ideals and permits

his worship through his image (like

portraits, photos, statues, etc.) relics

or otherwise with or without any ritual

or ceremony.

(ii) It not only tolerates all

religions, but also accepts them all to

be true, and it considers all religions

to be only different paths leading to

the same goal. whereas other religions

claim absolute authority in all maters

to the exclusion of all others.

(iii) It believes that the underlying

truth in all religions is the same

Eternal Truth which is the essence of

the scriptures of all religions."

Further statement made in the self-same affidavit by

Swami Ramananda:

"... that the followers of this religion

or cult of Shri Ramkrishan believe in

and practise the unversal resligion of

all times, as practised and preached by

him. They believe in the universal

brotherhood of all irrespective of

caste, colour, cread community, language

or nationality, Amongst the followers of

Shri Ramkrishna's religion. there are

persons coming from Hindu fold as well

as from the followers of Islam,

Christianity and other religions."

Remark of notable historian Arnold Toyanbee:

"Shri 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 experineced and

to be believed, and this is the field in

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which Shri Ramkrishna manifested his

uniqueness.... His religious activity

and experience, were, in fact,

comprehensive to a degree that had

perhaps never before been attained by

any other religious genious in India or

elseehere.

Statements of Swami Viekananda made at different times:

"What is wanted is power of organisation

do you understand me?..We want some

disciples fiery youngmen...do you see?..

intelligent and brave who dare to go to

the jaws of death and are ready to swin

the ocean across. Do you follow me? We

want hundreds like that... both men and

women. Try your utmost for that and

alone.make convers right and left and

put them into our purity drilling

machine."

"And together we conceived that this

ideal had to spread and not only spread,

but made practical. That is to say, we

must show the spirituality of the

Hindus, the mercifulness of the

Buddhists, the activity of the

Christians, the brotherhood of

Mohammadans, by our practical lives, We

shall start a universal religion now an

here."

"Each soul is potentially divine, the

goal is to manfest this divinity within,

by controlling nature external and

internal. Do this either by work or by

worship by one or more, or all of them

and be free,"

"I have a message and I will give it

after my own fashion, will neiter be

HInduism, nor Christianism and that is

all. Liberty, Mukti is all my religion."

"I shall inspire men everywhere ,untill

the world shall know that it is one with

God."

Swami Jyotishwarananda's statement:

" The Ramkrishna Mission is

preeminently a religious body in service

forming a part of Sadhana or spiritual

practice, It stands on the universal

ideals of religion. Its numerous

preaching centres in India and America

are trying to spread through the life

and thought of their members a true

knowledge of religion in its all

embracing aspects and also to promote

fellowship amongst the followers of

different religions of the world, which

are in fact as Sri Ramkrishna realised,

so many forms of the Eternal and

Universal Religion."

Objects of Ramkrishna Math:

"1.The Ramakrishna Math, otherwise

called the Belur Math, is an institution

of Sannyasins, established to help

individuals as to work out their own

liveration and also to trai them to

serve the world in every possible way

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along the lines laid down by factors on

which the learned single Judge had based

his views on the subject. However, the

Division Bench has sought to point out

how Swami Vivekananda in the latter days

of his life changed his thoughts on

religion influenced by Western thought

and way of life and propounded a world

religion, by refferring to what was said

of him others:

"42. Unodoubtedly, thoughts of Sri

Ramakrishna and Swami Vivekananda were

based on Vedanta. But their philosophy

and religion were not indetical with the

Triditional Vedantabad. Dr, Satish

Chandra Chatterjee, romerly Head of the

Department of Philosophy, Calcutta

University, in his work, 'Classical

Indian Philosophers : their Syntheses in

the the University of Calcutta, 1963,

has Samanvaya Vedanta in the sense of

being a synthesis of all the schools of

Hindus Law Dr. Chatterjee in Chapter-x

of the said book has discussed in detail

the said philosophy of Sri Ramakrishna.

He has, inter alia, observed that Sri

Ramakrishna's experiences go beyond the

Veda and Vedanta. According to him, the

impersonal absolute and the personal god

are not two different realities

unrelated to each other, nor are the

different realities insparably related

to each other as substance and quality.

They are same realities in diffreent

states. According to the learned

authour,Bramhana is not different from

Sakti or Kali in point of Reality. Shri

Ramakrishna held that Bramhana is

present in every though and being the

Universe. Sri Ramakrishna held that

Bramahana is present in every thoutht

and being the Universe. Sri

Ramakrishna's teachings lay down a

rational basis for reconciliation of

different and conflicating systams of

philosophy and religion. Dr. Chatterjee

in his said book observes that religion,

according to Sri Ramakrishna,is neither

religious knowledge about God, nor

philosphical speculation on God; it is

the direct experience or realisation of

God. Sri Ramkrishna's conception that

the end of man's life is realization of

the divine in him, was not indentical

with the tradtitional Hindu view of

life. One of the most remarkable traits

of Sri Ramakrishna's religion was his

doctrine of harmony of religions. He not

only taught University Harmony but he

himself demonstrated it.

43. Thus although thoughts of Sri

Ramakrishna and Swami Vivekananda were

based on Vedanta, thier thought and

action did not remian strictly within

the limits of ancient Vedantic thought.

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The writings and speeches of Swami

Vivekananda also clearly indicate his

gradual transition from a preacher of

Hindu thought into a world missionary.

Swami Vivekananda's views on religion

did not remain static and unchanged.

Therefore. stray quotations given from

his various writings and speeches may

not depict his true views on religion.

With his greater and grater acquantance

with the western thought and ways of

life, Swami Vivekananda's own ideas

about religion and its significances

underwent change. He had began to lay

grater and greater stress on the unity

of religions. He came gradually to

believe in and propunded world religion.

Swamiji persistently sought to formulate

on the basis of Sri Ramakrishna's

teachings of One Principle behind all

religious phenomenon. Miss Marie Louse

Burke in her book 'Swami Vevekananda in

the West' Vol. II, had observed that

from the summer of 1894 anoward

simultaneous development keeping pace

with one another were taking place in

Swamiji's thought along three lines.

There was an evolution in his message,

the change in his plan and work and the

increasing degree in which he identified

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. He mixed with it, for instance,

a great deal of Sankha in order to

answar some of the questions posed by

modern knowledge. The learned author his

answered the question why Swamiji gave

the name Vedanta to his Principles pf

Religion. She thinks that, on the face

of it, it was not necessary,. for as

Swami Vovekananda himself often

observed, these principle have always

existed in greater or lesser degree in

every religion. He wrote the real thing

is the religion taught by Sri

Ramakrishna; let the Hindus call it

Hinduism and the other call it in their

own way" According to Miss Burke, one

obvious andimportant reason of calling

his religion by specific name was that

the name Vadanta already existed. One

religion in all its aspects had been

alreaduy formulated for thousands of

years and called Vadanta. Miss Burke

has given two other reasons, first Swami

Vivekananda attempted throughtout to

define harmony of religion in the truest

sense and had concluded that it

consisted in the recongnition of the

unity of religions or rather in the

recognition of religion. Another reason

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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 specific creed and burdening

himself with some forms and ceremonies

not neceassary to him One would become a

Vadantic and go straight to the heart of

the religion.

Can the aforesaid view of the learned single Judge of

Calcutta High Court that there came into existence

Ramakrishna religion, distinct and aprt from Hindu religion,

as upheld by learned Judges of the Division Bench of the

same High Court by its Judgment impugned in the present

appeals, be sustained for the reasons stated by them

including the special reson put forward by learned Judges of

the Division Bench that thoughts of Ramakrishna and Swami

Vivgekananda although were based on Vendanta, writings and

speeches of Swami Vovekananda show that even thought he had

grown as a praccher of Hindus thought (Hindus religion), he

converted himself into a preacher of world religion

different from Hindu religion, in latter years of this life

being influenced by his greater acquaintance with western

thought and way of life. In shch view of the learned single

Judge, as upheld by the learned Judges of the Division Bench

of the High Court came in direct conflict with the view of

Hindu religion enunciated by the Constitution Bench of this

Court in its Judgment in the case of Shastri

Yagnapurushadasji (supra) by according its approval to what

is stated in that regard by great philosophers and

historians or of broad features of Hindu religion laid down

by this Court in that Judgment or with the views hedl by

Ramakrishna himself, on Hindu religion and the Hindu way of

life led by him or of what was spoken of Ramakrishna as the

great saviour, reviver and rejuvenator of Hindu religion by

world thinkers, philosophers, historians and his disciples,

or the utterances of Sri Ramakrishna and Swami Vivekananda,

which show that they alwayds continued as Hindus professing

Hindus religion and never discowned or discardefd their

Hindu status or Hindu religion.

The Constitution Bench of this Court in Shashtri

Yaganapurushadasji (supre) when had occasion to deal with

the question what Hindu religion has been, on consideration

of diverse aspects of the questions before it, not merely

expressed its clear views thereon, viz., (i) that unlike

other religouns in the world Hindu religion does not claim

any one prophet; it does not worship any one God; it does

not follow any one set of religious rites or performances;

and thus when it does not appear to satisfy any of the

narrow traditional features of any religion or creed, it may

broadly be described as a way of life and nothing more; (ii)

that unlike other religions Hindu religion is not tied to

any definite set of philosophic concepts as such; and (iii)

that thought philosophic concepts and principles evolved by

diffenrent Hindu thinkers and philosophbers varied in may

way and even appeared to conflict with each other in some

particulars, they all had reverence for the past and

accepted the Vedas as the sole foundation of Hindu

philosophy; but also clearly accorded its approval to the

views of Hindu religion expressed by Monier Willams to the

effect that the Hindu religion is a reflection of the

composite character of the Hindus, who are not one people

but may based on the idea of universal receptivity ever

aimed at accommodating itself to circumstances, having

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swallowed, digested and assimilated something from all

creeds, and to the view

of Hindi religion expressed by Dr. S. Radhakrishna 'that

Hindu religion because of the teachings of Ramakrishna and

Vivekanda has flowered into its mosts attractive,

progressive and dynamic form.'

Since the afore-mentioned views that there came into

existence Ramakrishna religion, as such , distinct and

apart from Hindu Court deciding the writ petition and the

learned Judges of the Division Bench of the High Court

deciding the appeals are quite contrary to and directly

conflict weith afore-referred views of the Constitution

Bench of Hindu religion enunciated in the case of shastri

Yaganapurushdasji (supra), the views of the learned Judges

of the High Court that there came into existence a

Ramakrishna religion which was different and distinct from

Hindu religio9n cannot, in our view, stand and become

unsustainable.

Features of Hindu religion recognised by this Court

in shastri Yaganapurashdasji (supra) as coming within its

broad sweep are these ;

(i) Acceptance of the Vedas with reverence as the

highest authority in religious and philosophic matter and

acceptance with reverence of vedas by Hindu thinkers and

philosophers as the sole foundation of Hindu philosophy .

(ii) Spirit of tolerance and willingness to understand

and appreciate the opponent's point of view based on the

realisation that truth was many-sided.

(iii) Acceptance of great world rhythm, vast period

of creation, maintenance and dissolution follow each

other in endless succession, by all six systems of Hindu

philosophy .

(iv) Acceptance by all systems of Hindu philosophy the

belief in rebirth and pre-existence .

(v) Recognition of the fact that the means or ways to

salvation are many .

(vi) Realisation of the truth that Gods to be

worshipped may be large, yet there being Hindus who do not

believe in the worshipping of idols .

(vii) Unlike other religions or religious creeds Hindu

religion not being tied-down to any definite set of

philosophic concepts, as such .

Ramakrishna - according to Aurobindo :

".... in him the spiritual experiences

of the millions of saints who had gone

before were renaewed and united . Sri

Ramakrishna gave to Inmdia the final

message of Hinduism to the world. A new

era dates from his birth... Hinduism as

summed up in the life of Sri

Ramakrishna has to attempt for all...."

[World Thinker on Ramakrishna ,

Vivekananda, p.36 ]

Ramakrishna - according to Anold toynbee :

" Sri Ramakrishna's message was unique

in being expressed in action , the

message itself was the perennial message

of Hinduism." [Ramakrishna AndHis Unique

Message - by Swami Ghananda, p.10 ]

Ramakrishna - according to Prof. s. Radhakrishnan :

"He has helped to raise from the dust

the fallen standard of Hinduism, not in

words merly, but in works too."

[Ramakrishna Ane His Unique Message,

p.29]

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Ramakrishna's view of Hindu religion :

"Hindu religion alone is the Sanatan

Dharma. Various creeds you hear now a

days have come into existence through

the will of God and will disappear again

through his will. They will not last

for ever. Therefore, I bow down at the

feet of even the modern Devotees. The

Hindu religion has always exixted and

will always exist." [The Gospel of Sri

Ramakrishan, Vol. II, p.642 ]

Swami vevekananda's view about his Master's (

Ramakrishna's ) relogion :

" Then it was that Sri Ramakrishna

incarnated himself in India to

demonstrate what the true religion of

the Aryan race is, to whow where amidst

all its many divisions and off-shoots,

scattered over the land in the course of

its immemorial history, lies the true

unity of the Hindu relilgion ...... "

" All that I am , all that the world

itself will some day be ,is owing to my

Master, Sri Ramakrishna, who incarnated

and experienced and taught this

wonderful unity which under lines

everything, having discovered it alike

in Hindusim, in Islam and in

christianity." [Ramakrishna And His

Message , p.57]

Address given by Swami Vivekananda at the World's

parliament of Religion at chicago on 11th September, 1893

Since assumes great significance, the same being accepted as

the thoughts of Ramakrishna expressed on religion, through

his principal disciple Swami Vivekananda, the

importantpassages therein which bear on reliogion of

Ramakrishna and his disciple Swami Vivekananda, are

excerpted :

" It fils my heart with hoy unspeakablt

to rise in response to the warm and

cordial welcome which you have given us.

I thank you in the name of the

mostancient order of monks in the world;

I thank you in the name of the mother

of religions ; and I thank you in the

name of the millions and millions of

Hindu people of all cclsses and

sects.........

I am proud to belong to a religion which

has taught the world both tolerance and

universal acceptance. We believe not

only in universal toleration, but we

accept all religions as true . I am

proud to belong to a nation which has

sheltered thew persecuted anbd the

refugees of all religions and all

nations of the earth........

I am a Hindu. I am sitting in my own

little well and thinking that the whole

world is my; little well. The Christian

sists in his little well thinks the

whole world is his well. The Mohammedan

sits in his little well and thinks that

is the whole world. I have to thank you

of America for the great attempt you are

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making to break down the barrier of this

little world of ours. and hope that, in

the future, the Lord will help you to

accomplish your purpose .......

" From the high spilritual flights of

the Vedanta philosophy, of which the

latest discoveries of science seem like

eachoes, to the low ideas of idolatry

with its multiflavour, mythology, the

agnosticism of the Buddists and the

atheism of the Jains, each and all have

a place in the Hindu's religion.....

Here it may be said that these laws as

laws may be without end, byt they; must

have had a beginning. The Vedas teach us

that creation is without beginning or

end, Science is said to have proved

thatr the sukm total of cosmis energy

is always the same. Then , if there was

a time when nothing exixted where was

all these manifested energy."

Coming to the paper on Hinduism read by Swami

Vivekananda on Idolatry at the said parliament of Religion

on 19th September, 1893 :

" One thing I must tell you. Idolatry in

India does nbot mean any thing forrible.

It is not the mother of harlots. On the

other hand , it is the atempt of

undeveloped minds to grasp high

spiritual truths . The Hindus have their

faults, they sometimes have their

exception; ;by;t; mark this, they are

always for punishing their own bodies,

and never for cutting the throats of

their neighnbours."

" The Lord has dedclared to the Hindu

in His incarnation as Krishna; ' I AM

IN EVERY RELIGION AS THE THREAD THROUGH

A STRING OF PEARLS. WHEREVER THOU SEEST

EXTRAORDINARY POWER PAISIING AND

PURIFYING HIMANITY, KNOW THOUGH THAT I

AM THERE.'"

Again speaking at the World's Parliament of Religions

on 20th September, 1893:

"In India , during the terrible

famines, thouosands died from hinger,

yet you christins did noting . You erect

churches all through India, but the

crying evil in the East in not religion

- they have religion enough - but it is

bread that the sufferoing millions of

burning India cry out for with parched

throats, They ask us for bread, but

we give them stones. It is an insult to

a starving people to affer them religion

; it is an ilnsult to a straving man to

teach him metaphysics. "

" The religion of the Hindus is divided

into two parts, the ceremonial and the

sdpiritual ; the spiritual portion is

specially studied by the monks. "

" In that there is no cast. A man from

the highest cast and a manb from the

lowest may becomes a monk in India and

the two castes become equal. In religion

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there is no caste is simply a sicial

Instituion."

Other exortations of Swami Vivekananda on Hindu

religion (Hinduism) :

Three religions now stand in the sorld

which have come down to us from time

prehistoric - Hinduism, Zoroastrianism

and Hudaism. They have all received

tremendous shocks and all of them

prove, by their survival, their internal

strength . But while Judaism failed to

aborb christinaity and was driven out of

its place of birth by its allconquering

daughter, and a hanful of Parsees is all

that remains to tell the tale of their

grand religion, sect after sect arose in

India and seemed to shake the tale of

their grand religion, sect after sect

arose in India and seeded to snake the

religion of the Vedas it its

foundations, but like the waters of the

seashore in a tremendous earthquake, it

receded only for a while only to return

in an all - absorbing flood, a thousand

times more vigorous, and when the tumult

of the rush was over , these sects were

all sucked in , absorbed and

assimilated into the immense body of the

mother faith. (1.6)

From the high spiritual flights of the

Vedanta philosophy, of which the latest

discoveries of science seem like echose,

to the low ideas oif idolatry with its

multifarious mythology, the agnosticism

of the Budhists, and the atheism of the

Jains,m each and all have a place in the

Hindu's religion.(1.6)

The Hindu religion does not consist in

struggles and attmpts to believe a

certaimn doctrinme or dogma, but in

realising -not in bel;ieving, but in

being and becoming, Thus the whole

object of their system is by constant

struggle to become [erfect, to become

divine, to reach God and see God, and

and this reaching God, becoming perfect,

even as the Father in Heaven is perfect,

constitutes the religious of the

Hindus.(1.13)

We not only toleratate, but we Hindus

accept every religion, praying in the

mosque of the Mohammadans, worshipping

before the fire of the Zorestrians, and

kneeling before the cross of the

Christians, knowing that all the

religions, from the lowest fetishism,

mean so many attempts oif the human soul

to grasp and realise the infiniate, each

determined by thencxonditions of its

birth and association, and each of them

makeing a stage of progfress, We gather

all these flowers and bind them with the

twine of love, making a wonderful

bouquet of worship. (1.331-32)

The religion of the Vedanta can satisfy

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the demands of the scientific world, by

referring it to the highest

generalisation and to the law of

evolution.

Vedanta lays down that each man shopuld

be treated not as what he manifests, but

as for the divine, and therefore, every

teacher should be helpful, not by

condemning man, but by helping him to

call forth the divinity that is within

him. (1.388)

In India there never was any religious

persecusion by the Hindus, but only that

wonderful reverence, which they have for

all the religions of the world. (1.391)

If your mind says something and the

Vedas say something else, stop your mind

and believe in the Vedas. (1.452)

Not only is Vedanta the highest

philosophy in the world, but it is the

greatest poem. (1.499)

In one word, the ideal of Vedanta is to

know man as he really is, and this is

its message, that if you cannot worship

your brother man, the manifested God,

how can you worship a god who is

unmanifested ? (11.325-26)

Taking country with country, there is

not one race on this earth to which the

world owes so much as to the patient

Hindu, the mild Hindu. The mild Hindu'

sometimes is used as an expression of

reproach; but if ever a reproach

concealed a wonderful truth, it ismin

the term the mild Hindu' who has always

been the blessed child of god. (11.105).

One thing we may not that wereas you

will find that good and great men of

other countries take pride in tracing

back their descent to some robber-baron

who lived in a mountain fortress and

emerged from time to time to plunder

passing wayfares, we Hindus, on the

other hand, take pride in being the

descendants of Rishis and sages who

lived on roots and fruits in Mountain

and caves, meditating on the Supreme.

(111.139)

We must remember that for all periods

the Vedas are the final goal and

authority, and if the Puranas differ in

any respect from the Vedas, that part of

the Puranas is to be rejected without

mercy. (111.173)

Here we are, the Hindu race, whose

vitality, whose life-principle, whose

very soul, as it were, is in religion.

(111.177)

....I think that it is Vedanta, and

Vedanta alone that caan become the

universal religion of man, and no other

is fitted for the role. Excepting our

own, almost all the other great

religions in the world are inevitable

connected with the life or lives of one

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or more of their founders. All their

theories, their teachings, their

doctrines adn theior ethics are build

round the life of a personal founder

from whom founder from whom they get

their sanction, their authority and

their power; and, strangelky enough,

upon the historicity of the founder's

life is build, as it were, all the

fabric of such religions. If there is

opne blow dealt to the historicity of

that life, .....if that rock of

hostoricity....is shaken and shattered,

the whole building tumbles down, broken

absolutely, never to regain oits lost

status.

Every one of the great religions in the

world, excepting our own, is build upon

such historical charactorers; but ours

rests upon principles. Their is no man

or woman who can claim to have created

the Vedas. They are the embodiment of

enternal principles; sages discovered

them.....(111.182-83)

India alone was to be, of all lands, the

land of toleration and of

spirituality;... For one of the greates

t sages that was ever born found out

here in India even at theat deistant

time, whichj history cannot reach, and

intom whose gloom even tradition itself

dares not peep- in that distent time the

sage arose and declared Ekkam Sad Vipra

bahuda Vadanti - 'he whop exists is one;

of the most memorable sentences'. This

is opne of the most memorable sences

that was evcer uttered, one of the

grandest truths that was ever

discovered. And for us Hindus the truth

has been the very backbone of our

nations existence. For throughout the

vistas of the centuries of our national

life this one idea- Ekkam Sad Vipra

bahuda Vadanti - comes down gaining in

volume and in fullness till it has

permeated the whole of our national

existence, till it has mingled in our

blood, and has become one with us. We

live that grand truth in every vein, and

our countryu has become the glorious

land of religious tolerance. It is here

and here alone that they build temples

and churches for the religious which

have come with the object of condemning

our own religion. (111.186-87)

....our religion is not based upon

persons but on principles. That yopu

obey ypur religion is not becaous it

came through the authoprity of a sage,

no, not even of an Incarnation, Krishna

is not the authority of the Vedas, but

the Vedas are the authority of Krishna

himself. His glory is that he is the

greatest preacher of the Vedas that ever

existed. (111. 249)

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The Hindu can worship any sage and any

saint from any country whatsoever, and

as a fact we know that we go and worship

many times in the churches of the

Christians, and many, many times inm the

Mohammadan mosques and that is good. why

not? Ours. as I have said, is the

Universal religion. It is inclusive

enough, it is broad enough to include

all the ideals. All the ideals of

religion that already exist in the world

can be immediately included., and we can

patiently wait for all the ideals that

are to come in the future to be taken in

the same fashiom, embraced in the

infinite arms of the religion of the

Vedanta. (111.251-52)

Ours is the religion of which Budhism,

with all its greateness, is a rebel

child , and of which Christianity is a

very patchy imitation. (111.275)

Ours is the only religion that does not

depend on a person or persons; it is

based upon principles. (111.280)

...this religion of ours admits of a

marvellous variation, an infinite amount

of liberty to think and live our own

lives...(111.286087).

If there is any sect here which believes

that OM ought not to be the symbol of

Hinduism, it has no right to call itself

Hind. (111.302)

Whether we are conscious of it or not,

we think the Vedanta, we live in the

Vedanta, we breathe the VEdanta, and we

die in the VEdanta, and every Hindu does

that. To preach VEdanta in the land of

India, and before an Indian audience,

seems therefore, to be amn anomaly. But

it is the one thing that has to be

preached and it is the necessity of the

age that it must be preached. (111.323)

It at present the word Hindu means

anything bad, never mind; by our action

let us be ready to show that this is the

highest word and any language can

invent. It has been one of the

principles of my life not to be ashamed

of my opwn ancestors......(111.368-69)

Any, when a man has begun to hate

himself, then last blow has come. When a

man has begun to be ashamed of his

ancestors, the end has copme. Here an I,

oine of the least of the Hindu race, yet

proud of my race, proud of my ancestors.

Iam proud to call myseld a Hindu, I am

proud that I am one of your unworthy

servants. I am proud that I an a

countryman of yopurs; - you, the

descenmdants of the sages, you the

descendants of the most glorieous Rishis

the world ever saw. Therefore, have

faith in yourselves, be proud opf your

ancestors, instead opf being ashamed of

them. (111.381)

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I found Hinduism to be the most

perfectly satisfying religion in the

word. (111.449)

The principles of the vedanta not only

should be preached everywhere in India,

but also outside, Our thought must enter

into the mane-up of the minds of every

nation, not through writings, but

through persons. (IV.311)

No religion onm earth preaches the

dignity of humanity in such a lofty

strain as Hinduism, and no religion on

earth treads upon the necks of the poor

and the low in such a fashion as

Hinduism. (V.15)

The Hindu must not give up his religion,

but must keep religion within its proper

limits and give freedonm to society to

grow, All the reformers in India made

the serious mistake of holding religion

accountable for all the horrors of

priestcraft and degreratiuon and went

forthwith to pull down the

indestructible structure and what was

the result? Failure (V.22)

I want to see you, Swami', asked the

correswpondent of Prabhudha Bharata, `on

this matter of receiving back into

Hinduism those who ahve been perverted

from it. Is it your opinion that they

should be received?'

Certainly', said the Swami, `they can

and ought to be taken'. (V.233-34)

Most of the Upanishads were written by

kshtriyas, while the ritualistic

portions of the Vedas came from the

brahmins (V309)

One peculiarity of the Vedas is that

they are the only scriptures that again

and again declare that uyou mist gfo

beyond them. The Vedas say that they

were written just for the child mind;

and when you have grown, you must go

beyond them. (V.311)

The Vedas, i.e. only those portuions of

them which agree with reason are to be

accepted as authority. Other Shastras,

such as Purana, etc. are only to be

accepted so far as theyu dol bnoit go

against the Vedas. All the religious

thoughts that have come subsequuent to

the Vedas, in the world, in whatever

part of it, have been derived from the

Vedas. (V.315)

In Vedantamthe chief advantagem is that

it was not the work of one single man:

and, therefore, naturall;y, unlike

Budhism of Christianity or

Mohammedanism, the prophet opr teacher

did not entire,ly swallow up or

overshadow the principles. (VI.7)

The religion of the Vedas is the

religion of the Hindus, and the

foundation of all Oriental religions:

that is, all other Oriental religions

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are offshoots of the Vedas; all Eastern

systems of religion have the VEdas as

authority. (VI.48)

Hinduism is the very genious of

absorption. We have never cared for

fighting. of course, we could strilke a

blow now and then , in defence of our

homes. That was right. But we never

cared for fighting for its own sake.

Every one had to learn that. So let

these reces of new comers whirl on .

Theyu will all be taken into Hinduism in

the end. (VIII.266)

[Hinduism by Swami Vivekananda,

published by Shri G.M. Jagtiani]

This is the gist of all worship- to be

pure and to do good to others. He who

sees Sivas in the poor, in the weak, and

in the diseased, reallyt worship[s Siva;

and if he sees Siva only in the image,

his worship is but preliminary.

(111.141-42)

The only way of getting our divine

nature manifested is by helping others

to do the same. If there is inequality

in nature, still ther must be equal

chance for all- or if greater for some

and for some lkess- the weakere should

be given more chance than the strong. In

other words, aBrahmana is not so much

in need of education as a Candala. If

the son of the Brahmana needs one

teacher, that of a Candala needs ten.

For greater help must be given to him

whom nature has not endowed with an

acute intellect from birth. It is a

m,adaman who carries coals to newcastle.

The poor, the downtrodden, the ignorant

- let these be your god. (VI.319)

There are many things to be done, but

means are wanting in this country. We

have brains, but no hands. We have the

doctrine Vedanta, but we have not the

power to reduce it into practice. In our

books, there is the codtrine of

universal equality, but in work we make

great distinctions. It was in India that

unselfish and disinterested work of the

most exalted type waspreached, but in

practice we are awfully cruel,

awfdulklky heartless - unable to think

of anything bedises our own mass-of-

flesh bodies.... I too believe thjat

India will awake again, if anyone could

love with all his heart the people of

the country- bereft of the grace of

affluence, of blasted fortune, their

discretion totally lost, down-trodden,

ever-starved, quarrelsome, and envious.

Then only will India awake, when

hundreds of large-hearted men and women,

giving up all desires of enjoying the

luxuries of life, will long and exert

themselves to their utmost for the well-

being of the millions of their

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countrymen who are gradually sinking

lower and lkower in the vorted of

destitution and ignorance. (V.125-26)

Carry the light and the life of the

VEdanta to evry door, and rouse up the

divinity that is hidden within every

soul. (111.199)

[Vivekananda - His call to the n\Nation,

pp.64, 86-87 and 89]

Shri C. Rajagopalacharia, the great scholar speaks of

the greatness of Swami Vivekananda thus:

"Swami Vivekananda saved Hinduism and

saved India. But for jim we would have

lost our religion and would not gain our

freedom." [World Thinkers on

Ramakrishna, Vivekananda, p.54].

Thus, from what is said of Ramakrishna and Swami

Vivekananda and of their religion by great worls thinkers

and philosophers, the glory of Ramakrishna is that he

preached and made his principal disciple Swami Vivekananda

to preach the religion of Vedanta which is the religion of

Hinduis, as the message of Hinduism or Hindu religion to the

people of the entire world for their future survival, good

and prosperity, that is, the worship of brother m,an, the

manifested God, the living God, the human soul in the body.

When Shri Ramakrishna was approached by Narendra (Swami

Vivekananda) to bless him with `Nirvikalpa Samadi' the

highest spiritual experience, the admonitionm he got from

his master Ramakrishna, being shame on you, I thought you

would grow, like a banayan tree, shetlering thousands from

scorching of the world. But now, you seek your own

liberation. The same, demostrates that Ramakrishna wanted

his principal disciple to bring home to the world the

religion of Vedanta which is the religion of Hindus, that is

`worship of man is worship of god'.

Again from what could bne seen from the aforesaid

features adverted to be this Court as falling under the

broad sweeep of Hinduism, and as the thoughjts of

Ramakrishna of hinduism, and as the thoughts of Ramakrishna

on Hinduism and as to what great thinkers, philosophers of

the world have said of the highest contribution made by the

great saint Ramakrishna to Hinduism and as to what

Ramakrishna has himself said of Hinduism and again as to

what Ramakrinshan's disciple Swami Vivekananda has said of

the Hinduism of his master Ramakrishan, a Hindu of Hindu

religion, we find it difficult to accept, with great

respect, the view of the learned single Judge of Calcutta

High Court, who decided the writ petition and the view of

the learned Judges of the Division Bench of the Calcutta

High Court, who decided the writ appeals, taken for

upholding the claim put forward on behald of the Ramakrishna

Mission and the Ramakrishna Mission College, that

Ramakrishna religion was distinct and separate from the

Hindu religion and it was a minority religion in the State

of West Bengal. The peculiar circumstances which led

Ramakrishna Mission to make a claim that Ramakrishna

religion was a distinct and separate religion from Hindu

religion and, therefore, a minority religion having the

protection of Article 30(1) of the Constitution, to save the

Ramakrishna Mission College for Ramakrishna Mission and all

other educational institutions established and administered

by Ramakrishna mIssion or its branches from being taken away

under opne pretext or the other by the State Government,

should not have been found favour by the learned Judges of

the High Court for declaration that Ramakrishna religion as

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a minority religion entitled to protection under Article

30(1) of the Constitution of India, when such claim made on

behalf of Ramakrishna Mission was based not on the sayings,

teachings, preachings or practices of Ramakrishna and Swami

Vivekananda pertaining to Hinduism not tied-down to any

definite philosophic concepts, to which we have adverted to,

but on supposed statements made by Swami Vivekananda without

indicating context or place and time in which they were

made. Even otherwise those statements, as they stand, do not

indicate that Ramakrishna brought into existence his own

religion and called it Ramakrishna religion. Such

declaration ignores the reality that Ramkrishna, the great

saint had been born in Dakshineswar as an Avatar of both

Rama-the embodiment of truth and Krishna - the embodiment of

love, the epic Heroes of Hindus to save Hinduism from

extinction and rejuvenate it to serve the whole humanity by

expounding great principles of Vedanta, the religion of

Hindus. In the words of Swami Vivekananda himself, Hinduism

being the religion of Vedanta can satisfy the human needs of

the scientific world by referring to it as the highest

generalisation and the law of evolution, and further

referring to it, as the only religion that does not depend

on a person or persons and taking pride of calling himself a

Hindu, which were:

"Ay, when a man has begun to hate

himself, then the last blow has come.

When a man has begun to be ashamed of

his ancestors, the end has come. Here am

I, one of the least of the Hindu race,

yet proud of my race, proud of my

ancestors. I am proud to call myself a

Hindu."

The views expressed by the learned single Judge of the

Hindu Court deciding the writ petition and the learned

Judges of the Division Bench deciding the writ appeals that

Sri Ramakrsihna brought into existence, during hs life

time, by his practices and teachings a religion distinct and

different from Hindu religion and it was Ramakrishna

universal religion, indeed, goes against the philosophy of

Hindu religion as expounded, practiced and preached by Shir

Ramakrishna himself and latter propagated to the whole world

by his principal disciple Swami Vivekananda and other

disciples. In this context, a passage from the Gospel of Sri

Ramakrsihna' which contains the view of Ramakrishna on Hindu

religion is worth reiteration:

"Hindu religion alone is the Sanatan

Dharma. Various creeds you hear nowadays

have come into existence through the

will of God and will disappear again

through his will. They will not last for

ever. Therefore, I bow down at the feet

of even the modern Devotees. The Hindu

religion has always existed and will

always exist."

Speaking of greatness of Ramakrishna, Swami

Vivekananda, the already adverted to by us, said thus :

"....Sri Ramakrishna incarnated himself

in India to demostrate what the true

religion of the Aryan race is, to show

where amidst all its many divisions and

off-shoots, scattered over the land in

the course of its immemorial history,

lies and true unity of the Hindu

religion...."

In the World's Parliament of Religions at Chicago,

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Swami Vivekananda, who claimed himself to be a Hindu, spoke

of his Hindu religion which require reiteration :

"I am proud to belong to a religion

which has taught the world both

tolerance and universal acceptance...."

Again speaking of Hindu religion, whathe stated

requires reiteration:

"......all have a place in the Hindu's

religion......"

Speaking of the ideal of Vedanta and its message, to

which we have adverted to, Swami Vivekananda has said thus :

"In one word, the ideal of Vedanta is to

know man as he really is, and this is

its message, that if you cannot worship

your brother man, the manifested God,

how can you worship a God who is

unmnifested?"

Again what according to Swami Vivekananda Vedanta says

requries reiteration :

"The Vedanta says, there is nothing that

is not God.... The living God is within

you and yet you are building chruches

and temples and believing all sorts of

imaginary nonsense. The only God to

worship is the human soul in the human

body."

Then speaking of Upnisads, Swami Vivekananda at one

stage administered a w arning to Europe thus:

"Europe, the centre of the manifestation

of material energy, will crumble into

dust within fifty years, if she is not

mindful to change her position, to shift

her ground and make spirituality the

basis of her life. And what will save

Europe is the religion of the Upanisads"

Warning given not to give up Hindu religion, but to

keep religion within proper limits and give freedom to

society to grow the Swami Vivekananda requires reiteration :

"No religion on earth preaches the

dignity of humanity in such a lofty

strain as Hinduism, and no religion on

earth treads upon the necks of the poor

and the low in such a fashion as

Hinduism."

"The Hindu must not give up his

religion, but must keep religion within

its proper limits and give freedom to

society to grow. All the reformers in

India made the seriours mistake of

holding religion accountable for all the

horrows of priestcraft and degeneration

and went forthwith to pull down the

indestructible structure and what was

the result? Failure."

What is referred to above by us, as to what is said by

Ramakrishna of Hindu religion and what is said by Swami

Vivekananda of Vedanta, the very sould of Hindu religion and

its message that service to man is service to God' makes it

abundantly clear that Ramakrishna brought into existence no

religion of his own which was called as universal religon,

but gave the message of Vedanta of service to man is service

to God' as the universal principle basic to all religions

and it being the message which was preached by Swami

Vivekananda as the message given by hsi master based on

Vedanta philosophy of Hindu religion, it would be a travesty

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of truth to say that Ramakrishna created a religion

independent, distinct and apart from Hindu religion and

called it a universal religion. Indeed, Hindu philosophy by

Ramakrishna could be regarded as that expounded by him to

serve humanity of the changing world. Shri Ramakrsihna is,

therefore, rightly regarded by Hindus, great philosophers

and thinkers of the world, who have studies the lives and

works of Shri Ramakrishna and his disciples and others as

the incarnation of Rama- the truth and Krishna - the love,

born in Dakshineswar as great saint, not only to save Hindu

religion from its extinction, but to rejuvenate it with the

message of Vedanta that service to man is service to God',

calls for our acceptance without any hesitation and the

views of the learned single Judge and the views of the

learned Judges of the Division Bench of the High Court in

the order and judgement under the present appeals that

Ramakrishna religion exists apart and distinct from the

Hindu religion and it is a minority religion which has the

protection of Article 30(1) of the Constitution of India,

becomes unsustainable.

We may state, at this stage itself, that Swami

Vivekananda changed his views on religion in his latter

years, having been influenced by the West, as held by the

Division Bench of the High Court, even if true, it is

inconceivable that the same can have the effect of Shri

Ramakrishna himself bringing up a religion of his own

according to the subsequent thinking of Swami Vivekananda.

Therefore, the basis of the subsequent thinking of Swami

Vivekananda on which the Division Bench of the the High

Court held that there came into existence a universal

religion of Ramakrishna, cannot be sustained. On the

contrary, what becomes obvious and evident from the

exortations of Swami Vivekanada himself, to which we have

already referred to, what he proclaimed to the world was

that it is Vedanta and Vendata alone that can becoem the

universal religion of man and it is Hindu religion alon that

is fitted t that role, in that, Hindu religion being

inclusive and braod enough to include all the ideals of all

religions in the world was indeed, the universal religion.

Hence, to say or to hold that there came into existence

Ramakrishna religion-a universal religion, apart and

distinct from Hindu religion would, again be travesty of

truth and reality.

For the foregoing reasons, we hold tha the citizens of

India residing in the State of West Bengal, who are

professing, practising or propagating the religious

doctrines and teachings of Ramakrishna and have become his

followes, cannot claim to belong to a minority based on

Ramakrishna religion which was distinct and different from

Hindu religion and as such are not entitled to the

fundamental right under Article 30(1) of the Constitution of

India, of establishing and administering educational

institutions of their choice through Ramakrishna Mission or

its branches in that State and answer Point-1 accordingly,

in the negative.

Point-2:

It is held by a Constitution Bench of this Court in Sri

Shirur Math's case (supra) tha religious denomination is a

collection of individuals classed together under the same

religious sect or body having a common faith and

organisation and disignated by distinctive name, based on

the meaning of that phrase found in Oxford Dictionayr. It is

alos held therein that such a religlious denomination falls

under Article 26 of the Constitution of India. It is further

held therein that the followers of Ramanuja, who are known

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by the name of Shrivaishnavas while consitute a religious

denomination of their own, the followers of Madhavacharya

and other religious teachers could be regarded as those

belonging to their respective religious denominatiosn.

Following the view taken as above as regards 'religious

denominations', by the Constitution Bench of this Court in

Sri Shirur Math's case (supra), a three-Judge Bench of this

Court in Acharya Jagadishwaranand Avaduta's case (supra)

speaking through Ranganath Misra, J. (as he then 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 religious

denomination within the Hindu religion, stating that the

tests laid down by the Constitution Bench for regarding a

denomination as a religious denomination were satisfied.

In view 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 :

(i) a collection of individuals who have a system of

beliefs with regard to their conducive spiritual well-being;

(ii) a common organisation; and

(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 denomination by stating thus :

"The followers of Shri Ramakrishna have

a common faith. They have common

organisation and tehy 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 Math is a religious denomination'. It

is not is dispute and cannot be disputed that Sri

Ramakrishna could be regarded as eligious teacher who

expounded, practised and reached the principles of Vendanta

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 expounded 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 Parmahansa,

by way of publications and building of temples, prayer halls

and building of educational, cultural and charitable

institutions as performance of sevas resulting in the coming

up of organisations 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 Ramakrishna

as hs disciples or otherwise form a cult or sect of Hindu

religion. They believe in the birth of sage Ramakrishna in

Dakshineswar as an Avatar of Rama and Krishna and follow the

principles of Hinduism discovered, expounded, preached and

practised by him as those conducive to thier spiritual well-

being as the principles of highest Vendana which surpassed

the principles of Vedanta conceived and propagated by

Sankaracharya, Madhavacharya and Ramanumjacharya, who were

earlier exponents of Hinduism. Hence, as rightly held by the

Division Bench of the High Court, followers of Ramakrishna,

who are a collection of indivuduals, who adhere to a system

of beliefs as conducive to their sprtitual well-being, who

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have organised themselves collectively and who have an

organisation of definite name as Ramakrishna Math or

Ramakrishna Mission could, in our view, be regarded as a

religious denomination within 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 a 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 anser

Point-2, accordingly, in the affirmative. 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 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 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, hs, subject to public

order, morality and health, the right to

establish and maintain insitutions 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 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 insitutions imparting general education, the

learned Judges of the Division Bench of the High Court

deciding the appeal have taken the view that Article 26(a)

extends to establsihment and maintenance of religious and

charitable institutions including institutions for imparting

education and that the essential part of the cult of Shri

Ramakrishna being spreading of education of Ramakrishna

Mission have the protection 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 established and maintained by

religious denomination including those established and

maintained by Ramakrishna Mission for general education get

the protection of Article 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 tous, ought to be treated as nonest and the

quesion is left open to be decided in proper case, where

such question really arises and all the parties who might be

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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 istance 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

governing bodies requred to be constituted for 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 subsequent to the

coming into force of those Acts, 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 constituted Governing Body of its own

should be excepted for purposes of constitution of Governing

Body on standar 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 Government, which reads :

"GOVERNMENT OF WEST BENGAL EDUCATION

DEPARTMENT

College (Sponsored) Branch

From: Shri D.L.Guha, M.A.

Deputy Secretary to the

Govt. of West Bengal.

To : The Director of Public Instruction,

West Bengal.

No. 752-Edn (CS)

------------

C.S.30-3/77

Dated, Calcutta, the 18th April, '78.

Subject : Composition of the Governing

Body of Sponsored colleges.

The undersigned is directing to say

that for some tome past Government have

been feeling the necessity of revising

the exisiting pattern for the

composition of the Governing bodies of

the Government sponsored colelgels

excepting in cases where the collellge

has a special constitution on the basis

of Trust Deeds or where the colleges are

run by Missionary Societies on the basis

of agreement with the respective

Missions. After careful consideration 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 consitution of

Governing Body of sponsored College, the

new standard pattern for the composition

of the Governing Bodies of sponsored

colleges will be as follows:-

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A. 1. President - To be nominated by

Government

2. Secretary - Principal of the College

- Ex-officio.

3-5. The representative of the whole-

time permanent teachers of the college

to be elected from among themselves.

6. One representative of the whole-time

permanent non-teaching employees of the

college to be elected from among

themselves.

7-8. Tow persons to be nominated by the

Government.

9. One Educationist to be nominated by

the Director.

10. One Educationist to be nominated by

the University to which the college is

affiliatied.

11. One representative of the regular

students of the College. He should be

the duly elected General Secretary of

the Student's Union.

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.

C. Where the college is a women's

college or a co-eduational one at least

one of the two Government nominees

should be a woman.

2. This order comes into force with

imemdiate effect.

3. In order that there is no dislocation

in administration of the 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.

4. The Governor is also pleased to order

that there should be Finance Committee

in every sponsored college consisting of

give 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-teaching staff of the

college and the Principal of the college

(Ex-officio). The representative staff

shall be elected int eh manner as laid

down in para 1(a) above.

The duteis and functions of the Finance

Committee shall be such as may be

prescribed by the Government.

Sd/- D.L. Guha 18.4.78

Deputy Secretary."

(underlining by us)

As stated above, the State Government has excepted the

Ramakrishna 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

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college like Ramakrishna Mission College which was all

through allowed to have a governing body consituted 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 Central Government,

may not be just. Thus when Ramakrishna Mission Collegle had

come to be built, established and managed by the Ramakrishna

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 consitute a governing body for

the Ramakrishna Mission College on standard pattern taking

recourse to the W.B. Act of 1975 and the W.B. Act of 1978,

althoug for its own reasons. Therefore, in the peculiar

facts and circumstances in which Ramakrishna Mission College

at Rahra was established on Ramakrishna Mission's land and

allowed to be administered by the Ramakrishna Mission

through its own Governing Body, we feel that interests of

justice may suffer by directing the State Governmdent to

constitute its own governing body on standar pattern of the

usual sponsored colleges, as prayed ror the by the writ

petitioners. Howevr, the view we have expressed int eh

matter shall not come in the way of the State Government to

change their earlier arrangement with the Ramakrishna

Mission in the matter of governance of the Ramakrishna

Mission Collegle, if on objective considerations such change

becomes necessary in the larger interests 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

consituting a Governing Body by the Government of West

Bengal in respect of the Ramakrishna Mission College at

Rahra, there is no need to go into the question that there

has been infringement by the Government of Ramakrishna

Mission's fundamental rights to establish and mmainrain

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 on Point-3

above. So also, question of directing the West Bengal

Government decause of the W.B. Act of 1975 and the W.B.Act

Of 1978 , to constitute govetning body on standard pattern '

of sponsored college envisaged under its Memo dared 18 th

April, 1978 in respect of Ramakrishna Mission College cannot

arise.

Points 4 to 6 are accordingly answered .

In the risult we dismiss these appeals, however by setting

aside the holding of the liatned single Judge in the Writ

Petition that Ramakrishna religion being areligion distinct

and siparate from Hindu relinion was a minoritu in West

Bingal based on religion,entitoed to protection under

Article 30 (1) of the Constitution of India as upheld by the

Division Bench Of the High court in its jubgment 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 entitlid to

establish and maintain institutions of general education

under Article 26 (a) of the Cohstitution of India as those

established and maintained for a charitable purpose.

Having regard to the mature of controversies decided in

these appeals , we direct all parties to bear their own

costs .