KAMLESH PUJRSHOTTAMBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this group of petitions though individual facts are somewhat different, central challenge to the vires of Section 40A of the Gujarat Secondary Education Act, 1972 is common. Petitions have therefore, been heard together and are being disposed of by this common judgement.

(2.) BEFORE adverting to the rival contentions, facts in brief arising in each petition need to be noted. However, before noticing individual facts, we may record that all the petitioners were the employees of minority educational institutions. The petitioners were engaged as teaching staff thereof.

(3.) COUNSEL for the petitioners vehemently submitted that Section 40A of the Gujarat Secondary Education Act is ultra vires the Constitution, particularly, Articles 14, 16 and 21 thereof. He relied heavily on decision of the Apex Court in case of Frank Anthony Public School Employees Association, v. Union of India and others, 1987 AIR(SC) 311, wherein the Apex Court observed that the excellence of the instruction provided by an institution would depend directly on the excellence of the teaching staff and in turn it would depend on the quality and contentment of the teachers. The management of a minority educational institution cannot be permitted under the guise of the fundamental right to oppress or exploit its employees any more than any other private employee.