( 1 ) IN all these group of petitions, the facts are common in two sets and the points arise for consideration are more or less common and, therefore, they are being considered by this common judgement.

( 2 ) THE petitions can broadly be classified into three categories: one set of petitions being preferred by non-minority institutions for the purpose for challenging the order passed by the authority for giving directions to accommodate and absorb surplus teachers of the other schools; second set of petitions being preferred by the institutions which are minority institutions; and, third set of petitions being preferred by the petitioners claiming as minority institutions, but, as per the stand of the State Government, they are neither identified as minority institutions nor recognised and there are also no sufficient details for extending special protection as that of the minority institution to such institutions. So far as the second and third set of petitions are concerned, they have been preferred challenging the similar order passed by the authority for absorption of the surplus teachers, but, the additional protection is sought to be invoked by these institution claiming to be minority institution, on the basis that they are covered by Article-30 of the Constitution of India.

( 3 ) THE facts of the individual case, for consideration, in brief, are stated hereinafter: (I) Special Civil Application No. 1065 of 2002 is preferred by Atladara Kelavani Mandal challenging the order dated 29/12/2001 issued by the District Education Officer ("the DEO" for short) for absorption in the school run by the petitioner of one Haresh A. Tripathi as Teacher, who is a surplus Teacher and is ordered to be absorbed on the post of Clerk. The petitioner has also prayed for appropriate directions to the respondents to restrain them from deputing any teachers, headmasters or any staff in the school run by the petitioner-Trust. (II) Special Civil Application No. 6772 of 1997 is preferred by Ahmedabad Secondary and Higher Secondary School Managements Association for challenging Government Resolution dated 21/05/1994 and the orders passed by the authority based on the said resolution for absorption of surplus teaching and non-teaching staff in various schools of Ahmedabad. (III) Special Civil Application No. 2271 of 2002 is preferred by Dhrangadhra Mahila Mandal Secondary School challenging the order dated 2nd January, 2002 passed by the DEO for absorption in the petitioner-School of one Suresh G. Patel as Junior Clerk (non-teaching staff) and who is declared as surplus. (IV) Special Civil Application No. 6407 of 2002 is preferred by Navrang Secondary/higher Secondary School challenging the various orders directing for absorption of teaching and other staff in the petitioner no. 1-School, who are, as per the DEO, declared as surplus. The petitioners have also prayed to declare the policy of absorption of the surplus teachers of Non-Governmental Secondary and Higher Secondary Schools as per Government Resolution dated 21/05/1994 as unconstitutional and the petitioners have also prayed for appropriate writ to direct the DEO to issue No Objection Certificate for filling up of the post of the teachers, which are vacant in the petitioner no. 1-School, from the open market. (V) Special Civil Application No. 6560 of 2002 is preferred by Prerana Education Trust for challenging the order passed by the DEO for absorption of one S. V. Patel as Senior Clerk (non-teaching staff ). (VI) Special Civil Application No. 5526 of 2002 is preferred by Shree Seva Samaj, Vadaj for challenging the order passed by the DEO for absorption of surplus teacher one Vasudev R. Patel as Clerk in the school run by the petitioner. The petitioner has also prayed for issuance of appropriate writ to restrain the respondents from deputing any teacher or any staff in the school run by the petitioner. (VII) Special Civil Application No. 6146 of 2002 is preferred by Sanskar