MODERN HIGH SCHOOL Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) These Writ Petitions raise common questions of law and fact as in all petitions vires of G.O.Ms.No. 76, dated 2-11-99 has been challenged.

(2.) The admitted facts are that, the petitioner institutions are minority educational institutions. Some of these institutions are admitted to grant-in-aid by the Government and some of them are unaided institutions. In terms of powers conferred on the Government under Sec. 99 of the A.P. Educational Institutions Act, 1982 rules were framed by the Government being G.O.Ms.No. 1, Education (P.S.2) Department, dated 1-1-94. Rule 12 of these rules deals with the appointment of the staff. By virtue of G.O.Ms.No. 76 dated 2-11-99 Rule 12 was amended retrospectively with effect from 5-8-98. The amendment to Rule 12 is challenged in all these writ petitions as illegal. It is contended that the impugned G.O. contravenes the right of managements of the Educational institutions guaranteed under Article 30(1) of the Constitution of India.

(3.) The short question before this Court is, whether the impugned G.O. is depriving the managements of the institutions rights guaranteed under Article 30(1) of the Constitution. It is no where contended in the counter-affidavit that Government has a right to restrict the power of the managements of the minority institutions, but it is contended that the Government has the power to regulate the education, educational standards and allied matters of the minority institutions as well.