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2022 Supreme(Bom) 1510

M.S.SONAK, R.N.LADDHA
Archdiocesan Board Of Education – Appellant
Versus
Goa University – Respondent


Advocates appeared:
J.E. Coelho Pereira, Advocate, Vledson Braganza, Advocate, B. Fernandes, Advocate, A.A. Agni, Advocate, Jay Sawaikar, Advocate, Amira Razaq, Advocate

JUDGMENT

M.S. Sonak, J. - Heard learned Counsel for the parties.

2. The Petitioners who have established and administer several minority educational institutions affiliated with the Goa University have instituted this Petition to seek the following reliefs :

    (i) For a declaration that the U.G.C. Regulations 2010 and U.G.C. Regulations 2018 concerning the appointments of teachers and other academic staff in affiliated institutions/ colleges established and administered by the religious minorities are either inapplicable to them or are ultra vires article 30 of the Constitution of India, to the extent they are made applicable to them. (Prayer Clause (a) and (a1)).

    (ii) For a similar declaration concerning the statutes framed by the Goa University under Notification No.2/155/13-Legal / amendment - State(New)/2013/Vol.vi/1947 dated 02/08/2013 since it is the Petitioners' case that these statutes/amendments are in pursuance of the U.G.C. Regulations, 2010 (Prayer Clause (a)).

    (Prayer Clause (a)).

    3. at the outset, we must note that though there is clarity about the U.G.C. Regulations, 2010 and 2018, there is a great deal of confusion about the various statutes/amendments framed by the Goa Uni

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