FR ANTHONY MENDONCA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) A provision has been introduced in the Secondary Schools Code of the Government of Maharashtra which requires the reservation of teaching and non -teaching posts in aided secondary schools for members of the scheduled castes, scheduled tribes, nomadic tribes and other backward communities. The provision is sought to be applied to minority educational institutions that received grant -in -aid. This is a petition by a minority educational institution challenging the validity of such application upon the ground that it infringes the fundamental right guaranteed under Art. 30(1) of the Constitution.

(2.) THE 1st petitioner is the trustee of the St. Joseph's High School, which is a public trust registered under the provisions of the Bombay Public Trusts Act. The 2nd petitioner is the principal of the said school. The trust has been formed with the principal object of giving education to Catholic children and other children, irrespective of religion, race or language. That the said school is a minority educational institution is not seriously in dispute.

(3.) ON 11th August, 1980 the said school through its advocate wrote to the State stating that the provisions of the amended rule and the circular were not applicable to minority educational institutions and called upon the State to issue necessary directions staying the operation of the amended rule and the circular in so far as it concerned the said school. On 9th September, 1980 the Deputy Secretary in the Education Department of the State wrote to the said school's advocate stating that the question of exempting minority institutions from the application of the amended rule and the circular was being examined by the State and its decision would be communicated in due course. On 9th October, 1980 this petition was filed. I am informed that, thereafter, the State took a decision to exempt minority educational institutions from the purview of the amended rule and the circular but, later, countermanded it.