BHARAT SEVASHRAM SANGH ETC. ETC. versus STATE OF GUJARAT ETC. ETC.
The challenged provisions of the Gujarat Secondary Education Act, 1972, are constitutionally valid; the Act serves the public interest by regulating management, providing teacher employment protections, and reservation for Scheduled Castes and Scheduled Tribes. Presidential assent is not justiciable and was validly granted.
- Parties
- Petitioner/appellant: Bharat Sevashram Sangh etc. etc.; Respondent: State of Gujarat etc. etc.
- Jurisdiction
- India
- Judgment Date
- 18 August 1986
- Procedural Posture
- Consolidated Writ Petitions and Civil Appeals / Final Judgment
- Outcome
- Dismissed
- Legal Topics
- Constitutional Validity, Assent to State Acts, Minority Institutions, Employment Protection, Reservation in Education
Case Brief
Summary, issues, holding and outcome
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Parties
Bharat Sevashram Sangh etc. etc.
Petitioner/appellant
State of Gujarat etc. etc.
Respondent
Procedural Posture
Consolidated Writ Petitions and Civil Appeals / Final Judgment
Legal Issues
- 1 Whether the Gujarat Secondary Education Act, 1972 (ss. 33, 34, 35, 36) is unconstitutional
- 2 Whether assent to the Act by the President was valid
Ratio Decidendi
The challenged provisions of the Gujarat Secondary Education Act, 1972, are constitutionally valid; the Act serves the public interest by regulating management, providing teacher employment protections, and reservation for Scheduled Castes and Scheduled Tribes. Presidential assent is not justiciable and was validly granted.
Court Disposition
Dismissed
Orders
- Petitions and appeal dismissed. No order as to costs.
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