JUDGMENT :

S.J. Mukhopadhaya, J.

The petitioner - Akhil Gujarat Rajya Shala Sanchalak Mandal (‘Trust' for short) has challenged the validity of Sec.35 of the Gujarat Secondary and Higher Secondary Education Act, 1972, as amended by Gujarat Education Laws (Amendment Act) 2010 (Amending Act No.3 of 2010) and the Rules framed thereunder, namely, the Teachers and Head Masters of Registered Private Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2011 (hereinafter referred to as ‘Rules 2011') notified on 11th February 2011.

The other petitioners - Rajya Shala Sanchalak Mahamandal Trust and another of Special Civil Application No.2399 of 2011 have only challenged the Rules 2011 aforesaid.

2. The institutions run by the petitioners are Government Aided Secondary/Higher Secondary Schools and are governed by the Gujarat Secondary and Higher Secondary Education Act, 1972. They have mainly challenged the substituted Sec.35 and the Rules framed thereunder on the ground that the provisions and the Rules take away the powers of private management of selection of teachers a