M. SITHARAMACHARY Vs. SENIOR DEPUTY INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) THIS is an application under Art. 226 of the Constitution for the issue of an appropriate writ to direct the Senior Deputy Inspector of Schools, Gannavram Range, and the State of Andhra, represented by its Secretary, Education Department, not to enforce Rr. 3, 4 and 5 of G.O.Ms. No. 418, Education and Public Health, dated the 24th of February, 1939. The applicant has been working as an elementary school teacher since 1940. He was elected as the Secretary of the Elementary School Teachers' Association Centre, Telaprolu, for a number of terms. He was also elected as the Joint Secretary of the Andhra Rastra Elementary Teachers' Federation, Vijayawada in 1954. The Elementary School Teachers' Association Centre. Telaprole, was constituted under the rules framed in G.O.Ms. No. 418, Education and Public Health, dated the 24th February, 1939. Rules 3, 4 and 5 run as follows:

(2.) IT is submitted by the petitioner that the rules have the result of abridging the fundamental rights guaranteed to him by the Constitution, and more particularly, Art. 19(1)(a) and (c). The contention in brief is that the aforesaid rules in so far as they make it compulsory for every teacher, in an elementary school, to become a member of the Association sponsored by the Government, at the risk of suffering disciplinary action, are inconsistent with the fundamental right guaranteed by the Constitution.

(3.) ARTICLE 19(1)(c) of the Constitution declares that all citizens have the right to form associations or unions and clause (4) of Art. 19 provides that a law imposing a reasonable restriction on the right of association can be made only in the interest of public order or morality.