Sandhya sent me Bharat Digest (a summary of Supreme Court Cases) that contained the relevant case law. Bramchari Sidheswar Shai and Others vs. State of West Bengal 1995 4 SCC 646: AIR 1995 SC 2089. What are the facts of the case? Briefly -

As the writ petition filed in the Calcutta High court, which has led to the present appeals related to the Ramakrishna Mission Vivekananda Centery College at Rahra - Ramakrishna Mission College it would be useful to know how the college was set up. Based on a Central and State govt grant on mission land was constructed the said college. The Deputy Secretary to the Govt of West Bengal wrote to the Registrar of the Calcutta University intimating him of the three-year degree college to be set up under the auspices of the Ramakrishna Mission and its readiness to manage to the college through a Governing Body to be constituted by it. The University granted affiliation to the proposed college but also accorded approval to Governing Body of that College as constituted by Ramakrishna Mission. Thereafter, the Governing Body of the College as constituted by the Mission from time to time with special approval obtained from the State Govt and University, continued to administer the affairs of the College. The Mission did not have a governing body modeled on the common pattern of governing bodies of sponsored colleges. However, in 1978 the Deputy Secretary to the Govt of West Bengal stated that the govt was feeling the need for revising the existing pattern for composition of Governing Bodies of govt 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 Missionary Societies on the basis of agreement with respective Missions.

In 1980 when a new principal Swami Shivamoyananda was appointed the Teachers Council went on strike, took over the management of the College and prevented the new principal from functioning but also made Prof A.R.Das Gupta to function as principal. The Mission and Secretary instituted a civil suit seeking a declaration that the functioning of Shri Gupta as principal and 14 professors was illegal.

The teachers etc in the High Court sought for the issue of a writ asking the West Bengal govt to reconstitute the governing body according to the standard pattern referred to above, a writ restraining the new principal from acting as principal of the Mission college & a writ declaring that the Mission college is governed by the W.B. Act of 1975 & 1978.

The Mission resisted these writs. Meanwhile the Calcutta University sent the Mission notices for reconstituting the governing bodies of three other colleges run by the mission. A learned single Judge of the High Court dismissed the notices issued by the Calcutta University on the premise that the Mission comprised of followers of the Ramakrishna Religion and were thus protected under article 30 (1) of the Constitution. The aggrieved parties i.e. the teachers, Calcutta University and West Bengal govt filed appeals but a Division Bench of the High Court dismissed the appeals agreeing that the followers of the Mission were a minority based on religion and entitled to protection under article 30 (1) of the Constitution.

The matter went to the Supreme Court. Swami Ramananda set out the features of Ramakrishna religion. The Court held that Ramakrishna Religion was very much part of Hindu religion and thus could not like Christian colleges, avail of Constitutional benefits granted by article 30 (1). However, the Court said that considering the special circumstances in which the College at Rahra came into existence, 'we feel the interests of Justice may suffer by directing the State Govt to constitute its own governing body on standard pattern of the usual sponsored colleges, as prayed for by the writ petitioners. But, the view expressed herein shall not come in the way of the State govt wanting to change their earlier arrangement with the Mission college.