TMI Blog1962 (8) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... maintaining the Training college and the primary schools is met out of donations received from the Irish Presbyterian Mission, fee from scholars and grant-in-aid under the education Code of the State Government. The primary schools and the college are conducted for the benefit of the religious denomination of the United Church (if Northern India and Indian Christians generally, though admission is not denied to students belonging to other communities. The training course in the college is of the duration of two years and originally 25 students were admitted in the First Year and 25 in the Second Year. Till the year 1952 surplus accommodation after admitting students who were to qualify as teachers required for the society s primary schools, was available for other students The College was recognised by the Government of Bombay for training students for the examination held by the Education Department for granting certificates for trained teachers. In each District of the State of Bombay there is maintained a District School Board and in a Municipal area a Municipal School Board. These School Boards attend to matters relating to primary education and conduct schools in the areas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved by the College for school Board teachers and that no fresh admissions should be made. By letter dated December 27, 1955, the Educational Inspector, Kaira District informed the management of the College that the action taken by them in refusing admission to the School Board teachers was highly irregular and against the Government policy , that the management was severely warned for disregarding the orders issued in that connection, and that in view of the management s defiant attitude it had been decided that no grant would be paid to the College for the current year unless the management agreed to reserve 80 % seats for School Board teachers from 1956-57 and that the management should maintain only one division of the IInd Year class during the year 1956-57 and that it should not admit fresh candidates to the 1st Year without specific permission from the Director of Education, Poona, failing which severe disciplinary action such, as withdrawal of recognition of the institution would be taken. The society submitted on February 10, 1956 a memorial to the Minister for Education Government of Bombay protesting against the threat to take disciplinary action and to withdraw recogni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or recognition of non-primary training College framed by the Government under G.R. II dated November 9, 1949. This letter was written in pursuance of the authority assumed under two sets of Rules framed by the Government of Bombay-(i) R tiles for Primary Training Colleges, and (2) Rules for the recognition of the Private raining Institutions. By 5(2) of the first set of Rules, it was prescribed that in non-Government Institutions, percentage of seats reserved for Board deputed teachers shall be fixed by the Government and the remaining seats shall be filled by students deputed by private schools or by private students. Rules 11, 12 and 14 of the Rules for the recognition of Private Primary Training Institutions were as follows:- 11. The Institution will have to be kept open for all students irrespective of caste or creed. It will be open to Government to reserve seats for Board deputed teachers to such extent as is deemed necessary. The institution will have to give such representation on its staff and students to Backward classes as may be fixed by Government. 12 Women teachers will be admitted in Women s Training Institutions. The Head of such Institutions should be a w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code is not framed under any Statute but consists of a series of administrative directions issued by the Government of Bombay pertaining to matters educational and sets out regulations for making grants. The Government also holds examinations for granting certificates to successful candidates as trained primary teachers, and scholars receiving training in recognised institutions alone are entitled to appear at the examination. Manifestly, in the absence or recognition by the Government training in the College will have little practical utility. The College is a non-profit making institution and depends primarily upon donations and Government grant for meeting its expenses. Without such grant, it would be extremely difficult if not impossible for the institution to function. Article 19(1) (f) on which reliance hap, been placed on behalf of the society does not come to its aid. By that clause all citizens are declared to have the fundamental freedom to acquire, hold and dispose of property. But by the rules and orders impugned no right to acquire, hold or dispose of property is violated. Interference with the right of bare management of an educational institution does not amount t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deprive the petitioners of their right to property, and fundamental freedom guaranteed by Art. 19(1) (f) of the Constitution is therefore not violated. Nor is the right of the petitioners to practice any profession, or to carry on any occupation, trade or business guaranteed under Art. 19(1)(g) of the Constitution infringed by the impugned rules and directions. Article 26 occurs in a group dealing with freedom of religion and is intended to protect the right , to manage religious affairs . By cl.(a) of Art. 26, every religious denomination or any section thereof, has, subject to public order, morality and health, the right to establish and maintain institutions for religious and charitable purposes and in a larger sense ail educational institution may be regarded as charitable. But in the view we take of the protection of Art. 30(1), we do not think it necessary to express any opinion on the, plea that the right of the petitioners guaranteed by Art. 26 to manage the college is infringed by the impugned rules and orders issued by the Government of Bombay. Serious inroads are made by the Rules and orders issued by the Government of Bombay upon the right vested in the society t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... linguistic or religious have by Art. 30 (1) All absolute right to establish and administer educational institutions of their choice; and any law or executive direction which seeks to infringe the substance of that right under Art. 30(1) would to that extent be void. This, however, is not to say that it is not open to the State to impose regulations upon the exercise of this right. Tile fundamental freedom is to establish and to administer educational institutions : it is a right to establish and administer what are in truth educational institutions, institutions which cater to the educational needs of the citizens, or sections thereof. Regulation made in the true interests of efficiency of instruction, discipline, health, sanitation, morality, public order and the like may undoubtedly be imposed. Such regulations are not restrictions on the substance of the right which is guaranteed they secure the proper functioning of the institution, in matters educational. The petitioners do not contend that the absolute terms in which the Art. 30 (1) is enunciated deprive the State, especially when it pays grant and affords recognition to it as an educational institution competent to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up the programme of training teachers in the Boards Schools for training 2,000 teachers every year, the intention being To remove the untrained element in primary schools in the State as early as possible, and that with this object the Government bad decided to depute 1,600 teachers to private Training Colleges and this could be possible only if 80% seats in the private Training Colleges would be reserved for such nominees. The truth of these statements made in Dr. Chickermane s affidavit is not denied by the petitioners. They however submit that the requirement of the State Government of a large number of trained teachers in the near future is not a ground on which the infringement of the fundamental right of the society under Art. 30 (1) to administer its educational institution could be justified. Restrictions imposed by the Rules and the directions issued upon the right of the society to administer the Training College maintained by it, are manifestly not conceived in the interests of the College. The Additional Solicitor General appearing on behalf of the State, contends that this Court has held in the Kerala Education Bill case([1939] S.C.R. 995) that the State may vali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e effectively managing the aided educational institutions in any area or for bringing education of any category under their direct control. The schools were thenceforth to vest in the Government absolutely (cls.14 and 15). By the provisions of the Bill the power to administer an- educational institution was practically taken away from the management. Managers of certain minority schools urged before the Court in that ease that the protection of Art. 30(1) to minority educational institutions was in terms absolute, and the State could not competently impose any restrictions upon the exercise of the right of administration or management. On behalf of the State of Kerala it was submitted that by Art. 30 (1) the minorities were merely invested with the fundamental right to establish and administer educational institutions of their choice, and that right could be exercised by them so long as they cared to do so on their own resources : fundamental right guaranteed by Art. 30(1) did not extend to getting assistance from the coffers of the state, and if the minority institutions desired to obtain aid from the State they must submit to the terms on which the State offered aid to all other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kward classes, the Court was prepared to treat cls. 9. 11(2) and 12(4) as permissible regulations which the State might impose on the minorities as a condition for granting aid to their educational institutions. But, it was observed, the clauses which authorised the taking over of management, and vested the schools absolutely in the Government, purported, in effect, to annihilate the educational institutions of their choice could not be sustained under Art. 30(1). It was therefore held that notwithstanding the absolute terms in which the fundamental freedom under Art. 30(1) was guaranteed, it was open to the state by legislation or by executive direction to impose reasonable regulation. The Court did not, however, lay down any test of reasonableness of the regulation. The Court did not decide that public or national interest was the sole measure or test of reasonableness : it also did not decide that a regulation would be deemed unreasonable only if it was totally destructive of the right of the minority to administer educational institution. No general principle on which reasonableness or otherwise of a regulation may be tested was sought to be laid down by the Court. The Kerala E ..... X X X X Extracts X X X X X X X X Extracts X X X X
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