By Mumtaz Alam Falahi, TwoCircles.net,
Patna: Far from AMU and Jamia Millia Islamia, the Muslim community in the North Bihar district of Darbhanga has launched a movement for restoration of minority character of the prestigious Millat College, first college established post-Independence by Muslims in Bihar. Set up in 1957, the college was run by Muslim Anjuman-e-Taleem, founding society of the college, till 1976 when the government took it over and diminished its minority status.
Over last two years, the Muslim Anjuman-e-Taleem,Darbhanga with the support of local Muslims, has launched a movement to take control of the college to restore its minority character so that it could achieve the purpose set by the founders. As the state government has turned deaf ear to the demand, the Anjuman called a state level press conference in the city inviting journalists from Patna on July 1. They want to make it an issue of public debate to press the government to restore its minority character.
L-R:Neyaz Ahmad, Dr. Abdul Wahab, Dr. Abdul Aziz and Prof. Shakir Khaleeq
Addressing mediapersons, top office bearers of the Anjuman including Dr Abdul Wahab (President) and ex-ADM Neyaz Ahmed (Secretary) put the case in detail and appealed to the press to highlight the issue.
Millat College was established in the year 1957 by the Muslims of the area and sponsored and run through the registered society, namely Muslim Anjuman-e-Taleem (Registration No. 50/62-63). It was first started in the campus of Shafi Muslim High School, Laheria Sarai, Darbhanga. The society purchased about 5 bighas of land and constructed the present building – all by public contributions. The college shifted to the present campus in Bibi Pakar, Laheria Sarai in the year 1963.
“The main purpose of establishing Millat College was to provide modern higher education, especially to Muslim boys and girls in their own cultural environment. This is the first minority college established in Bihar after independence under provisions of Art-30 of the Constitution of India,” they said adding that everything was going good when in 1963 the college faced some problem and the Anjuman had to move Patna High Court which confirmed it is a minority institution and should be run by them.
“In 1963, the Bihar University, under which Millat College was then affiliated, tried to impose certain regulations violative of Art-30 of the Constitution. The matter came before the Patna High Court in form of CWSC 1178/65. Finding it to be a Muslim minority institution the Patna High Court clearly held that: “The Educational Institution in question namely Millat College, Laheria Sarai was established by the Muslims of the place and they are entitled to administer the same.”
Accordingly this college enjoyed the status of a Muslim Minority College without any hindrance and interference till it was accorded the status of a Constituent College under L N Mithila University, Darbhanga in 1976.
“The Govt of Bihar in pursuance of an agreement with the Bihar State College Teachers Federation for take over of private colleges, included Millat College also in its list of sanction along with other private colleges – vide its letter no 5/G/-047/75-SHI-1230 dt 18.09.75. Consequently the Management of Millat College was taken over by the University under an agreement with the then Managing Committee of the college under sec 4(14) of the act of 1976 and since then the Managing Committee of the college ceased to function.”
This all happened because the Anjuman was then facing financial constraints and teachers could not be paid for some months. But the takeover has led to the diminishing of the minority status of the college, prompting the founder members and new members of the Anjuman to launch a movement seeking control of the college.
“Our contention is that taking charge of management of a minority educational institution even under sec 4(14) of the act of 1976 is violative of the fundamental right guaranteed by Art. 30 of the Constitution of India. The right of Management of a religious or linguistic minority institution is an absolute right which cannot be taken away in the guise of improvement or other welfare measures or providing aid to it.
By agreement dt 05.02.1976 the LN Mithila University has imposed certain regulations for better management of the institution and in the guise of doing so has directly interfered in the Minority’s right to administer its institution according to their choice. The terms of agreement have thus abridged and restricted the minority’s right to administer the institution established by them.”
Under this situation, Muslim Anjuman-e-Taleem, Darbhanga, the founding society of Millat College, with the support of local Muslims, resolved to place the facts before the state govt for declaration of minority status of Millat College and restoration of its management to the society through the governing body of the college which is at present non functional.
They filed a petition with the Additional Commissioner Cum Secretary Higher Education, Dept of HRD, Govt of Bihar on 27-08-2008. When they took no action even after several reminders, the Anjuman moved the National Commission for Minority Educational Institutions (NCMEI) Delhi which upheld the High Court order.
NCMEI order dated 19.05.2009 says: “The Petitioner College (Millat College, Bibi Pakar, Laheria Sarai, Darbhanga, Bihar) has applied to the commission for grant of minority status certificate. By the order dt 11.03.1966 passed by Division Bench of the Patna High Court in Writ petition no 1178 of 1965, petitioner college has already been declared as a minority education institution covered under Art 30(1) of the Constitution. In view of the said order of the High Court there is no need to issue minority status certificate to the petitioner college as the said judgment of the Patna High Court still holds the field. The petition is disposed of accordingly.”
In the last two years, the Anjuman has sent petitions with the relevant documents to Minority Minister, Principal Secretary and Secretary, Higher Education, HRD Dept, govt of Bihar on 30.06.2009 for appropriate govt notification. With no response they again sent petition on 11.02.2010 to VC, LN Mithila University. They have met HRD Minister, minority welfare minister, chairman, minority commission, VC and Registrar of LN Mithila University and Secretary Higher Education, Govt of Bihar. They say HRD has sought comment on the issue from the LN University.
Besides, Patna High Court order and NCMEI order, the Anjuman presents the case of Patna Women’s College in favor of their case. The women’s college was also taken over by the government but its minority character was not snatched. It is fully government aided but run by a committee appointed by the Christian community. Anjuman wants the same status to Millat College.
Reasoning the demand, Dr Abdul Wahab, president of the Anjuman and noted surgeon of the town, tells TCN: Muslims have to maintain their identity and Islamic character in educational institutions also. Therefore, they need a separate environment which we call a Muslim environment to educate them so that they could be helpful to both community and the country.”
Echoing Dr Wahab, Neyaz Ahmad, ex-ADM and Secretary of the Anjuman, says: “The restoration of minority character of this institution is an issue before our Anjuman which established this college in 1957. It is necessary because minority institution gives an opportunity and environment to the community boys and girls where they can grow and acquire modern education in their own environment.”
Mushtaque Ahmed, current Principal of the college, lends his moral support to the movement of the Anjuman but makes it clear he has nothing to do with the movement as principal of the college. “I welcome the movement as the aim of the Anjuman when it established the college was to keep it a minority institution. I support them as they are doing it for the welfare of the community and country but as principal of the college I have nothing to do with the movement.”
It is an irony that while Central Government has not sanctioned a rupee for the educational uplift of the community in Darbhanga, a minority concentration district, under Multi-sectoral Development Project, the local Muslims have waged a movement for the minority character of the only college established by the community in the district.
For decades, Aligarh Muslim University and Jamia Millia Islamia have fought for the minority character but in vain. It is to be seen if Millat College will succeed in its aim. AMU and Jamia as well as the community have taken to legal process for the purpose. The same path is being adopted by the Ajuman here in Darbhanga. It is high time the community leaders made it a public issue and launched a mass movement. Will they?
[Photo by Mudassir Rizwan, TwoCircles.net]