ATLADARA KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In all these group of petitions, the facts are common in two sets and the points arise for consideration are more or less common and, therefore, they are being considered by this common judgement.

(2.) The petitions can broadly be classified into three categories: one set of petitions being preferred by non-minority institutions for the purpose for challenging the order passed by the authority for giving directions to accommodate and absorb surplus teachers of the other schools; second set of petitions being preferred by the institutions which are minority institutions; and, third set of petitions being preferred by the petitioners claiming as minority institutions, but, as per the stand of the State Government, they are neither identified as minority institutions nor recognised and there are also no sufficient details for extending special protection as that of the minority institution to such institutions. So far as the second and third set of petitions are concerned, they have been preferred challenging the similar order passed by the authority for absorption of the surplus teachers, but, the additional protection is sought to be invoked by these institution claiming to be minority institution, on the basis that they are covered by Article-30 of the Constitution of India.

(3.) The facts of the individual case, for consideration, in brief, are stated hereinafter: