BHARAT SEVASHRAM SANGH ETC. ETC. versus STATE OF GUJARAT ETC. ETC.

Citation: [1986] 3 S.C.R. 602 · Decided: 18-08-1986 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Dismissed
Cited by 2 judgment(s) · cites 1 · see the full citation network in Lexace
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

A 
B 
c 
D 
E 
(j 
H 
BHARAT SEVASHRAM SANGH ETC. ETC. 
v. 
STATE OF GUJARAT ETC. ETC. 
AUGUST 18, 1986. 
IE.S. VENKATARAMIAH AND RANGANATH MISRA, JJ.I 
Gujarat Secondary Education Act 1972, ss. 33, 34, 35 and 36-
Constitutional validity of. 
A· 
Constitution of India, Articles 200, 201and213-Assent to Bill-
··(-
Whether justiciable. 
The Gujarat Secondary Education Act 1972 (Gujarat Act No. 18 
of 1973) was enacted to provide for the regulation of secondary educa-
tion in the State of Gujarat. Section 33 of the Act provides that 
whenever it appears to the State Government that the manager of an~ 
registered private secondary school has neglected to perform any of the 
duties imposed on him by or under the Act or the regulations and that it 
is necessary in the public interest to take over the management of the 
school, it may, after giving to the manager of such school a reasonable 
opportunity of showing cause against the proposed action and after 
considering the cause, if any, shown by him, take over the management 
of the school for such period as the State Government may, from time to 
time fix, so, however, that such period shall not exceed 5 years in the 
aggregate. Section 34(1) provides that 15% of vacancies for the teaching 
staff of a registered private school shall be filled up by persons belong-
ing to the Scheduled Castes and Scheduled Tribes. Section 35(1) re-
quires every registered private secondary school to have two commit-
tees: (i} a school staff selection committee for the purpose of recruiting 
the teaching staff of the school other than the headmaster, and (ii) a 
special school committee for the purpose of recruiting the headmaster. 
These committees consist of the representatives of the management and 
the representatives of the teachers. The committees are required to 
select the headmaster and the teachers in the school. Section 36 of the Act 
provides that no person who is appointed as a headmaster, a teacher or 
a member of non-teaching staff of a registered private secondary school 
can be dismissed or removed or reduced in rank nor can his services be 
otherwise terminated by the manager until he has been given by the 
602 
--~· 
. .i 
~ 
. I 
B.S. SANGH"'· STATE Or GU.I. 
603 
manager a reasonable opportunity of showing cause against the action 
proposed to be taken against him and the action proposed to be taken 
has also been approved in writing by an officer authorised in this behalf 
by the Gujarat Sec~ndary Edncation Board established under the Act. 
The petitioners/appellants, as the case may be challenged the con-
stitutional validity of the Act and particularly ss. 33, 34, 35 and 36. It 
was contended ou their behalf: (i) that the assent given to the Act by the 
President being a qualified one, the Act was not enforceable; aod (ii) 
that ss. 33, 34, 35 and 36 of the Act were contrary to the constitutional 
provisions. 
Dismissing the appeals and the writ petitions, 
HELD: 1. The Act which was duly published in the official 
y 
Gazette contains the recital that the said Act had received the assent of 
the President on the 28th of September, 1973. Questions relating to the 
fact whether assent is giv~n by the Governor or the President caonot be 
agitated in this manner. Moreover in the instant case, it is clear from the 
material placed before this Court that the President had given. assent to 
the Act and it is not correct to say that it was a qualified assent. [608E-F] 
-~ 
I• 
,.l .. 
Hoechst Pharmaceuticals Ltd. & Anr. Etc. v. State of Bihar & 
Ors .• [1983] 3 SCR 130, referred to. 
2. A large number of teachers are employed by the private secon-
dary schools. The protection of their interests is also equally important 
from the point of yiew of the State. Jn these circumstaoces, a provision 
like s. 33 of the Act which provides that the taking over of the niaoage-
ment of a school whenever it is found that the school is not being run in 
accordance with the statute and the best interest of all the students and 
the community is necessary. The management of a school cannot be 
taken over for an indefinite period because the said section provides 
such taking over shall not exceed 5 years in the aggregate. Before a 
· school is taken over a reasonable opportunity has to be given to its 
manager for showing cause against the proposed action. In these 
circumstances, it cannot be said thats. 33 of the Act is unconstitutional. 
The said provision is introduced in the interest
Excerpt shown. Read the full judgment & AI analysis in Lexace.