Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Art.30(1) Right of minorities establish and administer educational institutions |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Gujarat Secondary Education Act, 1973 (18 of 1973) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Art. 30(1) – Right of minorities to establish and administer educational institutions – Respondent no.1-a minority institution was running a government aided school-respondent no. 2 – Decision of the appellants refusing to provide the aid to the respondents towards the salary of the principal of the respondent no.2 on his attaining the age of superannuation as per the Grant-in-aid Code, if arbitrary or violative of Art.30(1) – Held: As per the Grant-in-Aid Code, the minority educational institutions like the respondents could not continue the employees/teachers beyond the age of 58 years or 60 years, as the case may be – Respondent-institution was bound by the provisions contained in the Grant-in-aid Code –Thus, if the appellants refused to pay the Grant-in-Aid to the respondents, on the Principal having reached the age of superannuation, it cannot be said that they had interfered with the affairs of the respondents or violated Art. 30(1) – High Court erred in holding that the respondent-institute had a right to continue the Principal of its school beyond his age of 60 years – Order of the High Court set aside –Gujarat Secondary Education Act 1972 – Secondary Education Regulations 1974. |
Judge | Hon'ble Ms. Justice Bela M. Trivedi |
Neutral Citation | 2023 INSC 147 |
Petitioner | The State Of Gujarat & Ors. |
Respondent | H. B. Kapadia Education Trust & Anr. |
SCR | [2023] 2 S.C.R. 487 |
Judgement Date | 2023-02-21 |
Case Number | 2837 |
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