LAWS(APH)-1980-4-20

GUJARATHI MANDAL SOCIETY Vs. STATE OF ANDHRA PRADESH

Decided On April 22, 1980
SREE GUJARATHI MANDAL SOCIETY Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The second petitioner claims to be a minority institution entitled to protection of Article 30 of the Constitution and it has impugned the communication of the District Educational Officer dated 17-9-1979 informing the second petitioner that the managment should continue to collect fees at the prevailing rates pursuant to the orders of the Government in Memo. No. 778-Fl/79-Education (F) Department dated 11-7-1979. The petitioners contend that the second petitioner, Leelam Pranlal Charitable Trust Gujarathi Vidyalaya being a minority institution, the impugned directions given by the respondents are unconstitutional, arbitrary, discriminatory and violative of the rights guaranteed under Articles 14 and 30 of the Constitution of India. In view of this contention, this writ petition may be posted before a Division Bench next week at the top of the list after obtaining the orders of the Honourable the Chief Justice. In pursuance of the above order, the case came up before the Bench as stated above.

(2.) The 1st petitioner, a society registered under the Societies Registration Act, runs the 2nd petitioner-school called the Gujarati Vidyalaya at Vijayawada. The 2nd petitioner-school, which was started in the year 1931 as a Primary school with Gujarati as the medium of instruction, grew from strength to strength and prospered well. In 1966- 67 it has introduced English as the medium of instruction with the approval of the State authorities and today it is a full-fledged secondary school, coaching pupils upto 10th class in English medium,

(3.) The school was first admitted to State financial aid in the year 1962-63. Throughout the following decade it was receiving financial aid from the State. But beginning with the academic year 1972-73, the State Government stopped giving all financial aid to the school. The school, however, made no grievance of those acts of stoppage either then or today in this writ petition. Those acts, therefore, do not constitute the subject matter of this litigation. Let the bygones be bygones.