Fixation of high qualification for posts of Principals/Head Master/Teacher held as arbitrary.

Srinivasan, J.

"A" Introduction: In these writ petitions, the Constitutional validity of G.O.Ms.No.536, Education (UI) Department, dated 15. 1989 and G.O.Ms.No.661, Education (UI) Department, dated 16. 1991 is challenged mainly on the ground that they violate the rights of the petitioners guaranteed under Art.30 of the Constitution of India and they offend the provisions of Art.14 of the Constitution of India. By the two Government Orders the State Government introduced certain amendment to the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977 approved in G.O.Ms.No.2080, Education, dated 19. 1977. Before referring to the provisions thereof and the contentions of the parties, a brief peep into the history is necessary. [After tracing the history of the impugned G. Os. and the compelling circumstances under which they were issued, His Lordship proceeded - Ed.]

8. By the said Government Order (G.O.Ms.No.536) the Tamil Nadu Minority Schools (Recognition and Payment of Grant) Rules, 1977 are amended. The first part of it contains certain instructions to be followed by the Teacher Training Institutes in addition to the pre-existing rules. The instructions pertain to Library, Craft Skill Development, Teaching practice and Staff requirements. Rule 4(4) is amended by adding the following as clause (C) after clause (b):

"(c) For the purpose of recognition of Teacher Training Institute the conditions for recognition shall be as specified in "Annexure V".

Annexure V is added after Annexure IV in the said rules. The annexure contains additional conditions to be satisfied for the purpose of recognition of a Teacher Training Institute. The following are the matters dealt with therein. I. Location, Land and Building.

II. Amenities, III. Equipments. IV. Laboratory. V. Library. VI. Play Ground, VII. Craft, VIII. Teaching Practice, IX. Strength, X. Certificates to be enclosed XI. Management, XII. Rejection, XIII. Inspection, By G.O.Ms.No.442, dated 14. 1991 clause (d) was added after clause (c) in sub-rule (4) of Rule 4 of 1977 Rules and it reads as follows:

"(D) No institute which does not enjoy recognition shall be permitted to present students for writing public examination conducted by the Director of Government Examinations."

By G.O.Ms.No.661, dated 16. 1991 the following was substituted in Annexure V for the item " IV Strength"

"There should be economic strength as prescribed by the Education Department".

“The Teacher Training Institutes should not admit more than forty students in all for the course and should not exceed this limit either in the first or second year”.

Originally the item prescribed that the institutes should not admit more than the number of candidates prescribed by government from time to time. By G.O.Ms.No.1064, dated 111. 1991 item 1 of Annexure V was amended whereby the requirement of atleast ten acres of land was confined to areas other than Municipal Corporation wherein the extent was reduced to give acres. The provision regarding location and the extent of playground in item VI were also amended. The details of the impugned Government Orders and the amendments will be referred to as and when necessary. “C” Contentions:

9. The main attack by the petitioners is on the following grounds: The petitioners are minority institutions protected by Art.30(1) of the Constitution of India and their right to establish and administer educational institutions of their choice is sought to be annihilated by the two impugned Government Orders. The Government Orders are arbitrary and unreasonable and they are violative of Art. 14. None of the petitioners is receiving any aid from the Government and the Government Orders traverse beyond the parameters fixed by Constitution as interpreted by the Supreme Court of India. When this Court had held the relevant sections of the Statute and the relevant rules to be inapplicable to minority institutions, it is not open to the Government to make nonstatut