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K. VINOD CHANDRAN, PARTHA SARTHY
Bhola Yadav – Appellant
Versus
State of Bihar – Respondent
K. Vinod Chandran, CJ.—The petitioners are the Chairman and Members of the Sanskrit Education Board (for brevity ‘the Board’) constituted under the Bihar Sanskrit Education Board Act, 1981 (for brevity ‘Act of 1981’); which Board stood dissolved on the amendment of the Act of 1981 by the Bihar Sanskrit Education Board (Amendment) Act, 2024 (for brevity ‘the Amendment Act’). The vires of the Amendment Act is challenged, on grounds of it being violative of Article 14 of the Constitution of India & contrary to the purpose of the main Act.
2. Shri Y.V.Giri, learned Senior Counsel appearing for the petitioners, took us through the Act of 1981; especially the establishment and constitution, by way of Section 3 and Secton 4, the term of office, which is specified to be a period of three years, with effect from the date of the respective appointment or nomination. Section 9 delineates a procedure for removal of the Chairman and Section 25 deals with dissolution of existing Bihar Sanskrit Education Board. The transitory provision under Section 26 provides for the Chairman and ex-officio members constituted in the Board to continue till a Board is duly constituted in accordance with the provi
The amendments to the Bihar Sanskrit Education Board Act, 1981, are constitutional and do not violate Article 14, as the burden of proof lies on those challenging the legislation.
Legislation denying equal increments to private aided educational staff for Kannada exams is unconstitutional as it violates Article 14, undermining principles of equality and judicial authority.
The Madarsa Act, 2004 violates the secular principles of the Constitution and the right to quality education, rendering it unconstitutional.
The amendment to the Chhattisgarh Municipalities Act, enhancing local governance and reducing executive interference, was upheld as constitutional and not manifestly arbitrary.
Right to equality – Though a legislation affecting a single entity or a single undertaking or a single person would be permissible in law, it must be on the basis of reasonable classification having ....
Point of Law : A perusal of Section 2(a) of the said Act, court could gather that Chairman shall be a person of a minority community and 8 other members from the minority communities hold a degree fr....
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