AHMEDABAD JESUIT SCHOOLS SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The question raised in both these petitions is identical and is common to the minority character of the institutions in respect of which these petitions are filed. We are therefore referring for the sake of convenience only to one of the two petitions viz. SCA No. 3336 of 1984. Whatever is said in regard to that will apply to the other case also.

(2.) The petitioner is a Public Charitable Trust registered under the Bombay Public Trusts Act 1950 and is also a society registered under the Societies Registration Act 1860 It is engaged in promoting education for which purpose it has established (1) St. Marys High School Rajkot and (2) St. Xaviers High School Jamnagar. The Trustees of the petitioner Trust profess the Catholic faith and belong to a minority community within the meaning of Article 30(1) of the Constitution of India. The resort to this Court has been necessitated by reason of a resolution passed by the State Government on 23/04/1984 laying down rules for admission to the students in the science stream of the Higher Secondary Education classes. According to the petitioner this resolution imposes restrictions on its right to administer its educational institutions and therefore is unconstitutional and void.

(3.) To understand the background of the Government resolution it may be necessary to stale a few facts. In 1973 the Government decided to alter the existing pattern of education known as 11 plus 4 and convert it into a pattern of 10 plus 2 plus 3. While a student had to pass his secondary school examination at the XIth standard under the existing partner under the proposed pats tern he had to pass the secondary school examination at the 10th standard study two more standards an the Higher Secondary and passing the Higher Secondary take to college education of three years. This proposal was brought into force in 1976.