Decided on September 01,1983

STATE Respondents


B.K.MEHTA - (1.) These three petitions have been separated from the group of petitions being Special Civil Application No. 305 of 1979 and other companion matters since the schools concerned in these three petitions are managed by religious minority communities which by these three petitions pray for appropriate writs orders and directions declaring that Rules 106(3)(e) 107 109 and (4) and 115 of the Bombay Primary Education Rules 1949 as ultra vires the Constitution and for quashing and setting aside the circulars issued by the Administrative Officer of two school Board Ahmedabad fixing the pay scales and dearness allowance for the teachers in the private primary schools in exercise of the power conferred under Schedule F as amended by the Bombay Primary Education (Gujarat Amendment) Rules 1978 and for injunction restraining the State Government from enforcing the said circulars.
(2.) In Special Civil Application No. 820/78 a further relief has been prayed for an appropriate writ order of direction quashing and setting aside the two notices dated 1/04/1978 and Apri 11/04/1978 issued by the Administrative Officer School Board calling upon the school management as to why the recognition of the school should not be cancelled since the management has failed to implement the recommendations of the Desai Pay Commission in the matter of pay and allowances and has thus committed breach of the provisions of Schedule F of the said Rules and if no cause was shown within a period of seven days from the date of the notice it would be presumed that the school management has nothing to submit in reply to the show cause notices.
(3.) The grounds on which the reliefs have been prayed for in these petitions are identical as raised in the group of petitions being Special Civil Application No. 305/79 and other companion matters. Besides the special ground urged in these petitions is that Rule 106(2) in so far as it entailed an obligation on the petitioners to undertake that the conditions of services of the teachers in the schools run by them would be as specified in Schedule F and consequently the provision in Rule 109(2) for withdrawal or cancellation of recognition for breach of any of the conditions of recognition are ultra vires the Constitution inasmuch as they are violative of Art. 30 of the Constitution enshrining right of minority to establish educational institution of their choice.;

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