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All Saints High School, Hyderabad and ors. Vs. Government of Andhra Pradesh and ors. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberCivil Appeal Nos. 1279, 1280, 1327-1330 of 1978 and 35 of 1979
Judge
Reported inAIR1980SC1042; (1980)2SCC478; [1980]2SCR924
ActsAndhra Pradesh Recognised Private Educational Institutions (Control) Act, 1975 - Sections 3(1), 3(2), 3(3), 4, 5, 6 and 7; Constitution of India - Articles 19, 30 and 30(1)
AppellantAll Saints High School, Hyderabad and ors.
RespondentGovernment of Andhra Pradesh and ors.
Appellant Advocate L.N. Sinha,; K. Srinivasa Murthy,; Naunit Lal and;
Respondent Advocate S.N. Kackar, Sol. Genl., ; Venkatarao and ; G.N. Rao for R. 1
Prior historyAppeal by Special Leave from the Judgment and Order dated August 2, 1978 of the Andhra Pradesh High Court in Writ Petitions Nos. 718, 3618, 4834, 5505, 5506, 5518 of 1975 and 604 of 1978 --
Excerpt:
constitution - minority rights - sections 3, 4, 5, 6 and 7 of andhra pradesh recognised private educational institutions (control) act, 1975 and articles 19 and 30 (1) of constitution of india - whether certain provisions of act of 1975 offend against fundamental right conferred on minorities by article 30 (1) - right of religious and linguistic minorities to establish and administer educational institutions of their choice cannot be interfered with but restrictions by way of regulations for purpose of ensuring educational standards and maintaining excellence can be validly prescribed - ground of challenge were that provisions of act of 1975 directly interfered with internal management of institution and had completely curbed constitutional freedom - regulatory measure should not.....order118. in the view of the majority, sections 3(3)(a), 3(3)(b), 6 and 7 of the andhra pradesh recognised private educational institutions control act, 1975 are valid while sections 3(1), 3(2), 4 and 5 of the act are invalid in their application to minority educational institutions. it must follow that such institutions cannot be proceeded against for violation of provisions which are not applicable to them. the matters are remanded to the high court of andhra pradesh for final disposal on merits in the light of the judgments.119. there will be no order as to costs.
Judgment:
ORDER

118. In the view of the majority, Sections 3(3)(a), 3(3)(b), 6 and 7 of the Andhra Pradesh Recognised Private Educational Institutions Control Act, 1975 are valid while Sections 3(1), 3(2), 4 and 5 of the Act are invalid in their application to minority educational institutions. It must follow that such institutions cannot be proceeded against for violation of provisions which are not applicable to them. The matters are remanded to the High Court of Andhra Pradesh for final disposal on merits in the light of the judgments.

119. There will be no order as to costs.


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