S. G. DODDAKALE GOWDA, J.

( 1 ) PETITIONERS as Lecturers/readers of an aided educational institution and/or as members of Executive Committee of private College Teachers Association have que tioned constitutional validity of Clauses 2 (iv) and (vii); 4 (4); 5, 6, 8, 9, 12,13and 17entitled as 'code of Conduct' (Annexure-A) prescribed for employees of aided educational institutions. The broucher book-let captioned as 'government of Karnataka, Education and Youth services Department' dealing with sub : direct payment of salaries to private aided colleges, junior colleges and teachers Colleges sets out certain terms and conditions on which grant is given. "the question of direct payment of salaries to the employees of aided colleges, Junior Colleges and Teachers' colleges has been under the consideration of Government for some time past and Government have decided that salaries be paid directly to the employees of these institutions, subject to the fulfilment of certain duties and responsibilities both by the managements and employees of these institutions. Accordingly Government are pleased to make the following order :- order No. ED 141 UPC 76, Bangalore dated the 6th October 1977. Salaries of the employees of the aided institutions referred to above, which execute an agreement with government as in the form attached shall be paid in accordance with the provisions and subject to the conditions contained in the Agreement. The salaries for the month of October 1977 shall be paid on 1st November 1977 and thereafter from month to month. 2 ). For the judicious exercise of powers and duties of Management in the matter of maintaining order and discipline among the employees, it is necessary that they prescribe a Code of Conduct for their employees. For the purpose, the Management shall obtain frem each of their employees an agreement duly signed by him in the form contained in Schedule II of the Agreement. "

( 2 ) GOVERNMENT while regulating direct payment of salary to staff of aided educational institutions have prescribed certain Code of Conduct breach of which would result in forfeiture of grant or withholding either by revocation or cancellation. Incidentally, it is necessary to mention that no such restrictions are imposed on staff working in un-aided institutions.

( 3 ) RESUME of clauses challenged is as follows :- clause 2 while dealing with professional duties-by sub-clause (iv) imposes same restrictions as is imposed on lecturers/teachers working in Government Colleges in respect of acceptance of private tuition. Sub-clause (vii) prohibits an employee from preparing or publishing any book or books commonly known as 'keys or notes' or assist whether directly or indirectly in their publication without the permission of management. Sub-clause (iv) of clause 4 prohibits an employee from orgpnising or attending any meeting during working hours of the institution except when he is required or permitted by the Head of the Institution to do so. Clause 5 prohibits an employee from becoming a member or associating with any political party or any organisation which lakes part in'politics. Clause 6 restricts an employee from joining or continuing to be a member of an association the objects or activities of which are prejudicial to the interest of sovereignty or integrity of india or Public order or morality. Clause 8 prohibits an employee from involving in criticism in any Radio, broadcast, any document published in his own name, or anonymously, pseudonymously or in the name of any other person in rny communication which has the effect of an adverse criticism of any current or recent policy or action of the government of Karnataka or Central government or any other State Government. Clause 9 restricts an employee from asking for or accepting contribution or otherwise associate himself with the raising of any collections in cash or in kind in pursuance of any object whatsoever except with the previous sanction of Management. Clause 12 prohi

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