SHREE KRISHNA EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though two sets of writ petitions were heard on separate dates and judgments were reserved separately, as common question of law being involved, they are dealt with and decided by this common judgment.

(2.) The petitioners are educational institutions or Trusts/ Managements of educational institutions challenging the validity of Regulation 33(1)(c) of the Gujarat Secondary Education Regulations, 1974, (hereinafter referred to as 'the Regulations') made by the State of Gujarat, and inserted by amendment made in exercise of powers conferred under sub-Sec. (3) of Sec. 53 of the Gujarat Secondary Education Act, 1972, (hereinafter referred to as 'the Act') vide Government Resolution No. MSB/1198/1228-Chh. dated 13th August, 1988 issued by Education Department, State of Gujarat. By the impugned Regulation 33(1)(c), surplus employees of the schools were given protection, and their compensation amount has been ordered to be deposited by the institute with the State Government. Consequential demand notice has also been challenged in some of the writ petitions.

(3.) For determination of the question of validity of Regulation 33(1)(c) of the Regulations, it is not necessary to discuss the individual facts of each case, except the relevant provisions of law as noticed and discussed here-under.