Back
High Court Of Madhya Pradesh
G. P. Singh, C.J. and J. S. Verma, J.
SIDDHI BALA BOSE LIBRARY ASSOCIATION
Versus
STATE OF M P
Decided On : Nov 29,1978
(2) Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachorion ke Vetano ka Sandaya) Adhiniyam, 1978 (MP) - Ss. 5 (4) and 6 - amount to be deposited under section 5 (4) is not cess or tax-the State has competence to enact the law under entry 25 of Concurrent list and entry 32 of the State list-section 6 does not violate Article 14. [Paras 17, 18 and 25
(3) Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmacharion ke Vetano ka Sandaya) Adhiniyam, 1978 (MP) - S. 4 - powers of the education officer - are confined for the purpose of the Act - cannot be used for the purposes of any other enactment. [Para 18
(4) Constitution of India - Art. 19 - associations of persons do not have larger rights than individuals.
The rights of the associations cannot be different from the rights which can be claimed by individuals AIR 1962 SC 171 and AIR 1958 SC 232 relied on. AIR 1971 SC 966 referred to. [Para 7
(5) Constitution of India - Art. 30 (1) - right of linguistic and religious minorities - nature of - Ashashkiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmacharion ke Vetano ka Sandaya) Adhiniyam, 1978, (MP) - S. 6 (a) and (b) - are void in respect of minorities.
The right is not absolute and is subject to regulatory measures which are ‘necessary for ensuring orderly, efficient and sound administration of the school in the matter of maintaining discipline, health, morality and so on and so forth.' The permissible regulatory measures are those which achieve this purpose without annihilating the right of the minorities to administer their institutions. Any measure which destroys any right of management, by taking it away or otherwise, say by conferring a right of veto on an outside agency cannot be treated as a permissible regulatory measure and would infringe the right guaranteed under Article 30 (1). This is the test to be applied for deciding the validity of a provision challenged on this ground. [Para 22
The cumulative effect of the provisions contained in sub-clauses (iii) and (iv) of clause (a) and clauses (b) and (c) of section 6 is that after commencement of the impugned. At no teacher or employee can be suspended by the management for more than ninety days without prior approval of the competent authority; or removed from services without prior approval of the competent authority; the aggrieved teacher or employee can prefer an appeal before an appellate authority constituted by the State Government; and the competent authority has been empowered to review all cases of teachers and employees taken in service or removed from service after the 17th November 1977 up to the date of enforcement of the Act and to set aside the management's action. In short, in respect of choice of such personal and their removal from service on or after the 17th November 1977, by these provisions the right of management has been destroyed by conferring the power of veto on the competent authority or the appellate authority, as the case may be, both nominees of the State Government. [Para 28
The test indicated earlier shows that the provisions contained in sub-clauses (iii) and (iv) of clause (a) and clauses (b) and (c) of section 6 of the impugned Act violate the right guaranteed under Article 30 (1) of the Constitution of India and for this reason they cannot be made applicable to institutions established and administered by linguistic or religious minorities. [Para 29
( 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 (1), even though such a character claimed by the other petitioners in these two petitions is denied by the respondents. In the present case, it is not necessary to decide whether the other petitioners also satisfy the requirement of a minority institution so as to invoke the aid of Article 30 (1) of the Constitution. It is sufficient in the present case to say that the point based on that Article arises for determination on account of one of the petitioners admittedly fulfilling the character of a linguistic or religious minority. Before we proceed to consider the points raised in this petition, we would refer to the provisions of the impugned Act and the background which led to its enactment.
( 3. ) THE Statement of Objects and Reasons, appended to the Bill (published in M. P. Rajpatra, Extra-ordinary, dated 2nd May 1978) discloses the rampant evil which is attempted to be eradicated by this legislation. It is stated that the State Government have been receiving complaints that the teachers of non Government educational institutions receiving grant-in-aid are not paid full salary and their services are also not secure. It was mainly to ensure payment of full salary to teachers of such educational institutions in time and to provide them security of tenure of service that this legislation has been enacted. This is the main object of the legislation the preamble of the Act shows that it is an Act to make provision for payment of salaries to teachers and other employees of non-Government schools, receiving grant-in-aid from the State Government and non-Government educational institutions for higher education receiving grants, from the m. P. Uchcha Shiksha Anudan Ayog (here-in-after called the Ayog) and other matters ancillary thereto. The provisions of this Act, briefly stated, attempt to achieve this objective.
( 4. ) THE provisions of the Act mainly provide for a machinery to ensure payment of full salary to such teachers and other employees in time every month through the treasury, availability of enough funds for this purpose; and utilization of the amount of grant and most of the fees received from the students to make this payment. There are some provisions also to secure the tenure of service of teachers etc. and provide for recruitment of suitable staff. Suitable sanctions are also provided to ensure compliance of these provisions by the management of these private educational institutions. This is the gist of the Act. We shall now refer to the provisions of the Act in some detail.
( 5. ) SECTION 1 of the Act provides that the Act extends to the whole of the State of Madhya Pradesh and shall apply to all institutions falling, within the definition of institution given in section 2 (e) i. e. non-Government school or educational institution for hig
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
