ASSOCIATION OF VETERAN EMPLOYEES OF MINORITY ACADEMIC RECOGNISED INSTITUTIONS OF ALL KIND Vs. SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT

JUDGEMENT

(1.) THE petitioner association has come forward with this Public Interest Litigation challenging the Government Order in G.O.No.2080, Education (D3) Department, dated 14.09.1977.

(2.) ACCORDING to the petitioner, as per the Division Bench judgment dated 17.12.1975 in W.P.No.4478 of 1974, Sections 11(1)(b), 14, 22 and 23 of the Tamil Nadu Recognised Private School (Regulation) Act, 1973 and Rules made thereunder 1974 (Tamil Nadu Act 29 of 1974) was made inapplicable to the minority schools on the ground that these provisions are violative of Article 30 (i) of the Constitution of India. Subsequently, G.O.No.2080, Education (D3) Department, dated 14.09.1977 was passed and the ad hoc rules under the title of the Minority Schools (Recognition and Payment of Grant) Rules 1977 was framed which came into force with effect from the date of the Act viz., 01.12.1974.

(3.) WHEN the matter came for admission, we have specifically pointed out in what way the application is maintainable especially when it is filed by an association and secondly it is now challenging the Government Order of the year 1977 which Government Order was also passed pursuant to the order of the Division Bench of this Court.