Sukhdev Singh Kang, J. - (1.) AT issue, in this writ petition is constitutional validity of Amended Regulation 7 of Regulations for Conditions of Service -and Conduct of Teachers in non -Government Affiliated Colleges, framed by the Panjab University. Petitioners mount two pronged attack.
(2.) THE Regulation is arbitrary; it is discriminatory; it makes invidious discrimination between situated persons and institutions and it is thus repugnant to Article 14 of the Constitution. of India. The Regulation offends Article 30 of the Constitution. The Petitioner No. 2 is a minority Institution. By, providing for an inflexible age of superannuation of Teachers of Non -Government Colleges, the Regulation corrodes the core of management, a fundamental freedom guaranteed to the minorities to establish and manage Educational Institutions of their choice. To begin with the factual matrix:
(3.) PETITIONER No. 1, the D.A.V. College Trust and Management Society (hereinafter referred to as 'the Society') is a charitable Society, registered in 1886, under the Societies Registration Act. The Society was promoted by leading Arya Samajists of Punjab in the sacred memory of the Founder of Arya Samaj, Swami Dayanand Saraswati, for the establishment of Educational Institutions, primarily to further the study of Vedic Culture and propagation of Hindi language in Devnagri script. It is constituted by elected representatives of various Arya Samaj Bodies and Institutions in the country and is managed by Arya Samajists. All the Institutions of. the Society are the Institutions of the Arya Samaj.;