BHARAT SEVASHRAM SANGH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In these cases the petitioners and the appellants, as the case may be, have questioned the constitutional validity of the Gujarat Secondary Education Act, 1972 (Gujarat Act No. 18 of 1973) (hereinafter referred to as 'the Act') which has been enacted to provide for the regulation of secondary education in the State of Gujarat and to establish a Board for that purpose.

(2.) These cases can be divided into three groups. Writ Petition No. 205 of 1975, Writ Petition Nos. 16988-17055 of 1904 and Writ Petitions Nos. 2837-38 of 1983 are Writ Petitions filed in this Court under Article 32 of the Constitution. T.C. Nos. 9 and 10 of 1905 are Writ Petitions filed under Article 226 of the Constitution in the High Court of Gujarat which have been withdrawn under Article 139A of the Constitution for being heard along with the above Writ Petitions filed in this Court Civil Appeal No. 2440 of 1982 is an appeal filed under Article 136 of the Constitution against the judgment dated July 6, 1981 in Special Civil Application No. 2140 of 1900 of the Gujarat High Court and S.L.P. (Civil) No. 2659 of 1982 is a petition filed against the judgment and order of Gujarat High Court. All these cases are heard together since common questions of law have been raised in these cases. All of them are disposed of by this common judgment.

(3.) The Act received the assent of the President on September 28, 1973 and was published on the same day. Section 11 of the Act came into force at once but its remaining provisions came into force on October 13, 1973 on the issue of a notification by the State Government in that regard as provided in sub-section (3) of Section 1. The Act provides for the constitution, incorporation and powers of the Gujarat Secondary Education Board, its finances, accounts and audit, registration of schools imparting secondary education, taking over of management of registered schools, recruitment and conditions of service of persons appointed in registered private schools and certain other ancillary and incidental provisions. Chapter II of the Act contains the provisions relating to the Constitution, incorporation and powers of the Gujarat Secondary Education Board (hereinafter referred to as 'the Board). The Board consists of the Director of Education, the Director of Technical Education, the Director of Agriculture, the Chairman of the Board of Primary Education, the Director, Gujarat State Board of School Text Books, the Director, State Institute of Education, the Director of Man Power, Employment and Training, an officer of the Education Department not below the rank of a Deputy Secretary designated by the State Government, the Chairman, State Board of Examinations and the Chairman, Technical Examination Board. In addition to these officers there are certain elected members and nominated members on the Board. Amongst the elected members there are five members elected by the headmasters of registered schools other than Post Basic Schools, one member elected by the teachers of Post Basic Schools registered under the Act, two members elected by the representatives of managements of registered secondary schools registered under the Societies Registration Act, 1860 and three members elected by the Presidents of the Parents' Associations of registered private secondary schools. Three members are to be nominated by the State Government from amongst persons who have special knowledge or practical experience in the field of science, industry or commerce. Thus it is span that the Board consists of members representing different interests which are affected by the Act, namely, the Government the managements of the institutions, the teachers, the parents of students and the members of the public. The powers and duties of the Board are set out in Section 17 of the Act. The Board is required to advise the State Government on matters of policy relating to secondary education in general and on certain other matters specified in that section. The powers and duties of the Board amongst others are to prescribe measures for promotion of physical, moral and social welfare of, and for inculcation of spirit of discipline among students in registered schools and to prescribe standards of conditions of residence to be provided in hostels, to lay down standards for testing students, for conducting examinations and for promotion of students from one standard to the next higher standard of a registered school and to prescribe the standards, including qualifications, for appointment of the staff of a registered school and the standard requirements in respect of building, laboratory, library, furniture, equipment, stationery and other articles for conducting registered schools.