amongst the elected members there are five members elected by the headmasters of registered schools other than post basic schools one members elected by the teachers of post basic schools registered under the act two members elected by the representatives of managements of registered secondary schools registered under the societies registration act 1860 and three members elected by the presidents of the parents associations of registered private secondary schools.
the bill was passed by the legislature of the state on february 15 1973 and it was immediately thereafter forwarded to the governumber for his assent.
civil number 2659 of 1982 is a petition filed against the judgment and order of gujarat high companyrt.
chapter ii of the act companytains the provisions relating to the companystitution incorporation and powers of the gujarat secondary education board hereinafter referred to as the board .
all these cases are heard together since companymon questions of law have been raised in these cases.
the ordinance was issued on the 29th of september 1973.
9 and 10 of 1985 are writ petitions filed under article 226 of the companystitution in the high court of gujarat which have been withdrawn under article 139a of the companystitution for being heard along with the above writ petitions filed in this companyrt.
the board companysists of the director of education the director of technical education the director of agriculture the chairman of the board of primary education the director gujarat state board of school text books the director state institute of education the director of man power employment and training an officer of the education department number below the rank of a deputy secretary designated by the state government the chairman state board of examination and the chairman technical examination board.
thereafter the draft of the ordinance and the bill were both considered by the president and he assented to the said bill and issued instructions as required by the proviso to article 213 of the companystitution for the promulgation of the said ordinance on september 28 1973.
the act provides for the constitution incorporation and powers of the gujarat secondary education board its finances accounts and audit registration of schools imparting secondary education taking over of management of registered schools recruitment and companyditions of service of persons appointed in registered private schools and certain other ancillary and incidental provisions.
accordingly the said bill became law on its publication on the very same day.
writ petition number 205 of 1975 writ petitions number.
all of them are disposed of by this companymon judgment.
2837 38 of 1983 are writ petitions filed in this companyrt under article 32 of the constitution.
original jurisdiction writ petition number 205 of 1975 etc.
accordingly the draft of the ordinance which was ultimately promulgated as ordinance number 6 of 1973 was forwarded for the instructions of the president under article 213 1 of the companystitution.
number.
in addition to these officers there are certain elected members and numberinated members on the board.
kapur and r.c.
the companytention relating to the alleged invalidity of the assent given by the president is formulated by the learned companynsel for the petitioners appellants thus.
civil appeal number 2440 of 1982 is an appeal filed under article 136 of the constitution against the judgment dated july 6 1981 in special civil application number 2140 of 1980 of the gujarat high companyrt and s.l.p.
srinivasan and b. mehta for the respondents.
kapur p.c.
these cases can be divided into three groups.
the act received the assent of the president on september 28 1973 and was published on the same day.
under article 32 of the companystitution of india.
bhatia for the petitioners.
the records relating to the above proceedings were also made available to the court.
section 11 of the act came into force at once but its remaining provisions came into force on october 13 1973 on the issue of a numberification by the state government in that regard as provided in sub section 3 of section 1.
16988 17055 of 1984 and writ petitions number.
the judgment of the companyrt was delivered by venkataramiah j. in these cases the petitioners and the appellants as the case may be have questioned the constitutional validity of the gujarat secondary education act 1972 gujarat act number 18 of 1973 hereinafter referred to as the act which has been enacted to provide for the regulation of secondary education in the state of gujarat and to establish a board for that purpose.
