YADAV, J. - (1.) By filing the present writ petition, the petitioner's Union questions the legality and constitutional validity of Ordinance dated 10-2-2000 promulgated by His Excellency the Government of Rajasthan in exercise of powers conferred under clause (1) of Article 213 of the Constitution, a copy whereof is filed and marked as Annexure-2 to the writ petition on the ground inter alia that said Ordinance is ultra vires to the provisions of the Constitution and scheme of the Rajasthan Secondary Eduction Act,1957.
(2.) The brief facts necessary for disposal of the instant writ petition are that the Rajasthan Secondary Education Act, 1957 (hereinafter referred to "Act No. 42 of 1957") was enacted by State Legislature for developing system of Secondary Education and also to establish a Board to reorganise, regulate and supervise secondary education in State of Rajasthan.
(3.) Section 3 of the Act No. 42 of 1957 empowers for constitution of the Board. Under S. 4 of the aforesaid Act the composition of Board has been provided. S. 5 of the said Act contains the provisions to the effect that the Board shall have its headquarter at a place to be notified by the State Government in the official Gazette. It is pertinent to mention here that a proviso has been added to S. 5 of Act No.42 of 1957 by impugned Ordinance Annexure-2 to the writ petition which is reproduced hereinbelow :- "Provided that the Board may establish Divisional offices and District level offices for performing such of its functions as it may consider appropriate but the Board shall do so only with the prior permission of the State Government and the decision to establish such offices as well as functions to be carried out there, shall be notified in the official Gazette". In pursuant to aforesaid Ordinance dated 10-2-2000, a notification on 16-2-2000 has been issued, a copy whereof is filed and marked as Annexure-R/1 to the return filed by the respondent Nos.1 and 2.;