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1978 Supreme(MP) 211

G.P.SINGH, J.S.VERMA
SIDDHI BALA BOSE LIBRARY ASSOCIATION – Appellant
Versus
STATE OF M P – Respondent


Advocates Appeared:
FAKHRUDDIN, GULAB GUPTA, KUMARI KANTI RAO, O.P.NAMDEO, R.D.Hundikar, S.K.MUKHERJEE, S.L.SAXENA, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) THIS order shall also dispose of Misc. Petition No. 621 of 1978 {rahul Shiksha Parishad of Gwalior v. State of Madhya Pradesh ).

( 2. ) BY these Petitions under Article 226 of the Constitution, the petitioners challenge the validity of certain provisions of the M. P. Ashaskiya shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano ka Sandaya Adhiniyam, 1978 (No. 20 of 1978), here-in-after called the Act. By notification No. 745-XX-9-78, dated, Bhopal, the 31st July 1978, issued by the State Government under sub-section (3) of section 1 of the Act, this act has come into force on the 1st August 1978. Petitioners are of associations of citizens who run educational institutions in this State for which they receive grant-in-aid and for this reason this Act has become applicable to them from 1st August 1978. The petitioners claim that some of their constitutional rights have been infringed by this enactment. One of the grounds of challenge is infringement of the right guaranteed under Article 30 (1) of the Constitution. Petitioner No. 11 Taiyabi School Society of ujjain is admittedly one such minority institution entitled to the right guaranteed under Article 30



























































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