KOLAWANA GRAM VIKAS KENDRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these appeals, the challenge is to the orders of the Division Bench of the High Court dated 30.9.2003 and 7.4.2003 dismissing the Letter Patent Appeal Nos. 529 of 2003 and 1183 of 2002 filed by the appellant herein.

(2.) The appellant herein is a minority institution and that is an admitted fact. It challenged the order dated 12/13.8.2002 on the ground that the said order is violative of the provisions of Articles 14, 29 and 30 of the Constitution of India and is also violative of Section 40A of the Gujarat Secondary Education Act, 1972. By that order, the District Education Officer, Bharuch District, Bharuch had refused the permission to admit the selected candidate in direct pay scheme for the purpose of grant. It so happened that the appellant selected few candidates and sought a relief that their salaries should be paid as the institution was admitted to 100% grant. The appellant admittedly had not intimated the Department before making the selection and proceeded to select the candidates without scrutiny of the Education Department. This order was challenged before the learned Single Judge.

(3.) Learned Single Judge, by orders dated 18.9.2002 and 11.3.2003 dismissed the Special Civil Application Nos. 8697 of 2002 and 1022 of 2003 respectively relying on the law laid down by this Court and further relying on the circular dated 6.10.1998 whereby it was obligatory on the part of minority institutions to obtain prior approval from the State Government/competent authority before making any new appointment. The said orders of the learned Single Judge were challenged before the Division Bench which confirmed the said orders relying on the "relevant circulars annexed with the petition". The view taken by the Division Bench was that the no-objection certificate insisted upon by the State Government was only with a view to regulate recruitment process and, therefore, it could not be contended that the said policy violated the constitutional mandate for minority institutions.