NUTAN KELAVANI TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the Government Resolutions issued by the Education Department of the State of Gujarat (at Annexure-A Collectively) and further to direct the respondents not to enforce the said Resolutions against the petitioner and other Managements running Schools within the State of Gujarat.

(2.) The facts in brief are that the petitioner is a Trust which is running a School in the name of C.B. Gandhi Nutan High School at Palanpur, District Banaskantha. It receives Grants from the State Government for running the School in question. The State Government has framed certain Regulations and also issued certain Circulars / Resolutions for the purpose of regulating the recruitment and conditions of service of the staffs in the Schools managed by the private managements like the petitioner-Trust. The petitioner herein has challenged such Resolutions issued by the State Government dated 08.03.1982, 22.12.1983 and 01.10.1985 in this petition.

(3.) Ms. Mamta R. Vyas, learned counsel for the petitioner-Trust, has submitted that the action of the respondent-State of controlling and regulating the recruitment of staffs in the Schools run by the private managements is violative of the fundamental rights as enshrined in the Constitution. She has submitted that if such policy is permitted to come into force, then incompetent persons will have to be given promotions. Hence, the impugned Resolutions passed by the respondent-State deserves to be quashed and set aside.