ANDHRA PRADESH GOVERNMENT TECHNICAL EDUCATION TEACHERS ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) There are eleven petitioners in this writ petition. The first and the second petitioners are the service Associations called, "The Andhra Pradesh Government Technical Education Teachers Association" and the "Telengana Polytechnics. Technical High Schools Teaching and Instructional Staff Association," respectively. The other petitioners are all Lecturers working in various State Government-owned Polytechnics. The petitioners have filed this writ petition challenging the action for the State Government in issuing G. O. Ms. No. 169. Labour, Employment. Nutrition & Technical Education (TE-1) Department dt/- 10th June, 1983 by means of which an earlier G. O. Ms. No. 881 has been issued by the Government had been cancelled. The earlier G. O. Ms. No. 881 has been issued by the Government permitting the Director of Technical Education to admit the children of the staff of the Polytechnics and Technical High Schools in the State in each of the faculties such as Civil Electrical, Mechanical etc. That G. O. provided that in each of the above faculties, one seat should be reserved for the children of the staff of these Polytechnics and Technical High Schools and that seat should be filled up only by the children of those Government servants working in the Polytechnics. A reading of G. O. Ms. No. 881 shows that it was issued on the basis of a proposal made ;by the Director of Technical Education, Govt. of A. P. Hyderabad to the effect that the reservations from the children of the staff-members should be created on the ground that the children of the staff-members cannot be expected to go elsewhere for their studies. Overlooking the wordy camouflage in which the order is couched and ignoring the false reason assigned for its making, it must be admitted, that G. O. Ms. No. 881 was issued to benefit the children of those Government servants working in these Government-owned polytechnics and for ensuing admission for them in these government-owned educational institutions without reference to merit. Presumably, this G. O. Ms. No. 881 has been in force during these last five years till it was now cancelled by the above mentioned G. O. Ms. No. 169 dt/- 10-6-83. Now, when these reservations are withdrawn these Government-servants felt hurt. They filed this writ petition challenging the withdrawal of those reservations.

(2.) The only question that arises for consideration is whether the Government has power to cancel the earlier G. O. Ms. No. 881.

(3.) It is not in dispute that these educational institutions are Government owned and are Government maintained. The Government maintains them at considerable cost to the public exchequer in its attempt to impart technical education to all those competent and deserving. It is the tax-payers money that supports and sustains these educational institutions. It follows, therefore that admissions into these educational institutions are subject to the fundamental rights Chapter for the Constitution. It is needless to say that admissions into these technical institutions which have become highly competitive should be open to all on equal terms. No one can be denied admission to those institutes except on the basis of his relative merit or want of it. The Indian culture praises education as the opening of another eye. In Brown v. Board of Education (1953) 98 L ed 873 (Chief Justice Warren emphasizing the importance of education for the upbringing of the present-day children observed: