Judgment

SHAH, J. : The petitioners profess the Christian faith and belong to the United Church of Northern India. They are members of the Gujarat and Kathiawar Presbyterian Joint Board hereinafter called the society-which conducts in the areas which now form the State of Gujarat, forty-two primary schools and a Training College for teachers, known as the Mary Brown Memorial Training College," at Borsad, District Kaira. The teachers framed in the college are absorbed in the primary schools conducted by the society and those not so absorbed are employed by other Christian Mission Schools conducted by the United Church of Northern India. The cost of maintaining the Training College and the primary schools is met out of donations received from the Irish Presbyterian Mission, fee from scholars and grant-in-aid under the Education Code of the State Government. The primary schools and the College are conducted for the benefit of the religious denomination of the United Church of Northern India and Indian Christians generally, though admission is not denied to students belonging to other communities. The training course in the college is of the duration of two years and originally 25 students were admitted in the First Year and 25 in the Second Year. Till the year 1952 surplus accommodation after admitting students who were to qualify as teachers required for the society s primary, schools, was available for other students. The College was recognized by the Government of Bombay for training students for the examinations held by the Education Department for granting certificates for trained teachers.

2. In each District of the State of Bombay there is maintained a District School Board and in a Municipal area a Municipal School Board. These School Boards attend to matters relating to primary education and conduct schools in the areas in which they function. To provide trained teachers for the schools run and conducted by the School Boards, the State maintains Training Colleges for teachers.

3. In November 1952 the Government of Bombay ordered all private Training Colleges in the State to reserve 60 of "seats for training Boards" School teachers nominated by the Government." The society protested against the order. There were negotiations between the Education Department of the Government and the society and it was agreed that the society should admit every year 20 students, 10 in each class. Accordingly, in June 1953. 10 students were nominated by the Government and another batch of ten students was nominated in June, 1954. On May 28, 1955, the Government of Bombay issued another order that with effect from the academic year 1955-56, 80 of the seats should be reserved by the Management in non-Government Training Colleges for the District and Municipal School Board teachers to be nominated by the Government. It was recited in the order that there were 40,000 untrained primary teachers employed by District School Boards and Authorised Municipalities, and some more untrained teachers were likely to be selected and appointed as primary teachers during the next academic year and in order that untrained teachers should have the necessary training as soon as possible, Government had decided to expand the existing training facilities with a view to increasing "the output of trained teachers" by opening new Training Colleges and by directing that 80 of the seats in non-Government Training Colleges should be reserved for School Board teachers with effect from the next academic year (1955-56). On June 13, 1955, the Educational Inspector, Kaira District addressed a letter to the Principal of the College informing him that 80 of the total number of seats in the training college be reserved for school Board teachers "deputed by the Government", and ordered the Principal not to admit private students in his institution in excess of 20 of the total strength in each class without specific permission of the Education Department. The Principal of the