JAGDISH GANDHI Vs. LEGISLATIVE COUNCIL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution of India by one Jagdish Gandhi. The opposite- parties in this petition are:--

(2.) THE allegations made by the petitioner in the writ petition are that he is the Manager of the City Montessori School. Lucknow, having branches all over the city and that about 2,500 children are studying in the various branches of the City Montessori School, apart from 50 trainees who are receiving teachers' training This institution is recognised by the Government of Uttar Pradesh, and has a very good reputation throughout the State of Uttar Pradesh. The petitioner has further alleged that Smt. Savitri Shyam, a member of the Legislative Council, U. P., (hereinafter referred to as "the House"), delivered a speech in the Mouse on February 18, 1965, bitterly criticising the petitioner's institution. Reports of this speech wore published in various newspapers. Annexure 1 filed with the writ petition is a copy of the report published in the National Herald of February 19. Annexure 1 is reproduced as follows:--"Mrs. Savitri Shyam, M.L.C. (Congress). Criticising the education department she said that chains of Montessori Schools had been allowed to be opened in the city, which were purely commercial concerns, These schools were exploiting women teachers. Music and dance teachers of these so-called Montessori Schools were made to sing and dance at private functions and detained! till late in the night, she added. Government grants given to these schools were mere waste. She requested the Government to smash this racket immediately." Annexure 2 is a copy of another report, dated the 19th February 1965, published in the Swatantra Bharat in respect of the same speech.

(3.) THE prayers in the writ petition are as follows:--