K.S. Radhakrishnan, CJ.—This writ petition has been preferred seeking a declaration that provisions of Section 35 of the Gujarat Secondary Education Act, 1972 is ultra-vires, unconstitutional and void and also for a writ of certiorari to quash and set aside Circular dated 09.10.2006 issued by Gujarat Secondary Education Board, giving a complete go-bye to the system of awarding marks in the oral interview for selection to the post of Principal, Teachers and Non-teaching staff.

2. First petitioner is registered under the Bombay Public Trusts Act, 1950 and second petitioner, claiming to be a citizen of India, claims rights under various provisions of the Constitution of India. Petitioners submit that by virtue of Section 35 of the Gujarat Secondary Education Act, 1972(for brevity ‘ the Act’), and various Circulars issued, State Government and Gujarat Secondary and Higher Secondary Education Board has effectively taken away the right of the management in the matter of selection and appointment of teachers and non-teaching staff in various Secondary schools functioning under the Act. Petitioners submit that imparting education by establishing educational institution is a fundamen