IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5508 OF 2003

Ms. G. Vallikumari

… Appellants

Versus

Andhra Education Society and others

… Respondents

JUDGMENT

G.S. Singhvi, J.

1.

This appeal is directed against order dated 10.4.2002 passed by the

Division Bench of Delhi High Court whereby it allowed the writ petition

filed by respondent Nos.1 and 2 and declared Section 12 of the Delhi School

Education Act, 1973 (for short, `the Act’) ultra vires the provisions of the

Constitution and in so far applicability of the exclusion clause contained

therein is restricted to unaided minority institutions, that Section 8(2) of the

Act is not applicable to minority institutions and set aside the direction given

by Delhi School Tribunal (for short, `the Tribunal’) for reinstatement of the

appellant with all consequential benefits.

2.

Respondent No.1 is a registered society formed with the primary

object of imparting education to the children belonging to Andhra

community living in Delhi. Respondent No.2 is a private linguistic minority

school established by respondent No.1 and is aided by the Government of

Delhi to the extent of 95%. The app