(PER : HONOURABLE MR.JUSTICE M.R. SHAH)

1. As common question of law and facts arise in this group of Letters Patent Appeals they are decided and disposed of by this common judgment and order.

2. All these Letters Patent Appeals under Clause 15 of the Letters Patent are arising out of the common judgment and order passed by the learned Single Judge dated 09.10.2003 passed in Special Civil Application No.12049 of 2001 and other allied matters, by which, the learned Single Judge has negatived the challenge to the Government Resolution dated 21.5.1994 providing for absorption of teaching and non teaching staff by minority institutions declared surplus from other minority institutions and also held that Government Resolution of 1996 providing for addition of clause 64.3 in the Grant in Aid Code would be applicable to aided minority institutions by observing and holding that as the minority institutions are getting grant in aid from the Government they are bound by the same and bound to absorb teaching and non teaching staff from other minorities institutions who are declared surplus, failing which grant in aid would be cut, would not violate the fundamental rights guaranteed under Article 30(1) of the Constitution of India.

3. The facts leading to the present Letters Patent Appeals in nutshell are as under:

3.1. All the appellants herein-original petitioners are claiming to be religious / linguistic minority institutions. That all of them were directed to absorb surplus teaching / non teaching staff, declared surplus from other minority institutions on the basis of Government Resolution dated 21.5.1994 providing for absorption of teaching / non teaching staff by the minority institutions, declared surplus from other minority institutions. That under Government Resolution dated 21.5.1994, more particularly, clause 4(g) it provides that a minority institution has to absorb teaching / non teaching staff declared surplus from other linguistic or religious minority institutions and in the alternative they have to relieve such staff after following due procedure as required under Regulation 3 and after payment of compensation as required under Regulation 33 of the Gujarat Secondary Education Regulation. That the Government has also by Government Resolution of 1996 has directed to insert / add clause 64.3 in the Grant -in -Aid Code providing that if concerned institution does not absorb the surplus teacher, there shall be grant cut.

3.2. Feeling aggrieved and dissatisfied with the aforesaid provisions in the Resolution dated 21.5.1994, more particularly, clause 4(g) directing linguistic or minority institutions to absorb teaching or non teaching staff declared surplus from other minority institutions, failing which there shall be grant cut as per clause 64.3 in the Grant in Aid Code, respective appellants herein-original petitioners claiming to be religious/ minority institutions preferred Special Civil Applications before learned Single Judge submitting that directing the minority institutions to absorb surplus teacher, declared surplus from other institutions would violate their fundamental rights guaranteed under Article 30(1) of the Constitution of India. It was submitted that such restriction and / or direction compelling the minority institutions to absorb the surplus teaching / non teaching staff would be against the protection granted under Article 30 of the Constitution of India. It was the specific case on behalf of the minority institutions that it is the fundamental right of the minority institutions under Article 30(1) of the Constitution of India to establish and administer the institution of their choice and to appoint teaching and non teaching staff is part of the right under administration and therefore, thrusting surplus teacher on minority institutions it violates the fundamental right of selecting teachers being the part of the right of administration as guaranteed under Article 30(1) of the Constitution of Ind