CHHIPA WELFARE ORGANISATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition has been filed with the following prayers:

(2.) HEARD the learned advocate appearing for the petitioner. When the attention of the learned advocate was invited to the fact that the controversy brought before the Court stands concluded by judgment dated 04.12.2006 in the case of Shree Vidhya Vikas Mandal and Ors. Vs. State of Gujarat and Ors., Special Civil Application No.2288 of 1998 and cognate matters, (since reported in 2007(1) GLR 479), the learned advocate submitted that though all the issues raised in the petition have been considered in the aforesaid judgment the fact that the petitioner is a minority institution in light of the provisions of Article 30(1) of the Constitution of India whether the resolution of the State Government can have any effect or not has not been considered.

(3.) THE aforesaid contention that the compulsion to absorb teachers not selected by the minority institution and rendered surplus elsewhere restricts the exercise of fundamental right to administer a school of the choice of the minorities does not merit acceptance. As laid down by the Apex Court in the case of T.M.A. Pai Foundation and Ors. Vs. State of Karnataka and Ors., (2002) 8 SCC 481, it cannot be argued by a minority institution that no condition can be imposed while giving aid to a minority institution. The following observations made by the Apex Court may be fruitfully reproduced: