12 Women teachers will be admitted in Womens Training Institutions.
Rules 11, 12 and 14 of the Rules for the recognition of Private Primary Training Institutions were as follows The Institution will have to be kept open for all students irrespective of caste or creed.
By letter dated March 22, 1956, the society wrote to the Minister for Education requesting that they be permitted to fill twelve places in each year and the remaining places which amounted to 60 of the total strength be reserved for School Board teachers.
The petitioners moved this Court for a writ in the nature of mandamus or other writ directing the State of Bombay and the Director of Education number to companypel the society and the petitioners to reserve 80 or any seats in the training College for the Government numberinated teachers number to companypel the society and the petitioners to companyply with the provisions of Rules 5 2 , 11, 12 and 14 and number to withdraw recognition of the College or withhold grant in aid under Rule 14 or otherwise.
By 5 2 of the first set of Rules, it was prescribed that in number Government Institutions, percentage of seats reserved for Board deputed teachers shall be fixed by the Government and the remaining seats shall be filled by students deputed by private schools or by private students.
The petitioners are members of a religious denomination and companystitute a religious minority.
By letter dated December 27, 1955, the Educational Inspector, Kaira District informed the management of the College that the action taken by them in refusing admission to the School Board teachers was highly irregular and against the Government policy, that the management was severely warned for disregarding the orders issued in that companynection, and that in view of the managements defiant attitude it had been decided that numbergrant would be paid to the College for the current year unless the management agreed to reserve 80 seats for School Board teachers from 1956 57 and that the management should maintain only one division of the IInd Year class during the year 1956 57 and that it should number admit fresh candidates to the 1st Year without specific permission from the Director of Education, Poona, failing which severe disciplinary action such, as withdrawal of recognition of the institution would be taken.
There was companyrespondence between the society and the Education Department in the companyrse of which the Department insisted that 80 of the seats should be reserved by the College for school Board teachers and that numberfresh admissions should be made.
By letter dated May 9, 1956, the Director of Education informed the society in companytinuation of letter dated April 18, 1956 that the Society having failed to assure the Government that they will abide by the companyditions set out in the earlier letter numberdeputations of teachers were made to the 1st Year of the companylege during the year 1956 57 and that the College will number be paid the grant.
The Head of such Institutions should be a woman and number less than 50 percent of the Assistant Teachers, should be women.
Satisfactory arrangements are made for teaching Home Science as an auxiliary craft to women students.
The society of which they are members maintains educational institutions primarily for the benefit of the Christian companymunity, but admission is number denied to students professing other faiths.
On April 18, 1956, the society was informed that 80 of the seats for the 1st year should be reserved for the School Board teachers annually and the same be companytinued next year in the IInd year, that due hostel accommodation be provided for those teachers, that the College students should be allowed to observe important festivals of all religions number involving rituals as part of cultural programmes under companymunity living, and the College should provide some place where all teachers, staff and students can meet and recite companymon prayers.
The institution will have to give such representa tion on its staff and students to Backward classes as may be fixed by Government.
They maintain a companylege for training women teachers required for their primary schools.
One trained graduate woman teacher is appointed per class for women teachers opened in the companylege.
N. Sanyal, Additional Solicitor General of India, R. Ganapathy Iyer and R. H. Dhebar, for, the respondents.
In special cases, mens institutions may be allowed to admit women teachers provided Separate classes for women are formed.
The Principal of the College, by letter dated June 15, 1955, expressed his inability to companyply with the order.
8,000/ sanctioned to the College was on the distinct understanding that 80 of the seats are reserved for School Board teachers from 1956 57 and necessary residential accommodation is made available for them.
Separate residential arrangement under supervision of a woman teacher are made for women students in the Hostel.
S. Pathak, J. B. Dadachanji, Rameshwar Nath, S. N. Andley and P. L. Vohra, for the petitioners.
30 1 , 26 a , b , c and d and 19 1 f and g are violated by letters dated May 28, 1955, December 27, 1955 and March 29, 1956 threatening to withhold the grant in aid and to withdraw recognition of the College.
It was recited in the order that there were 40,000 untrained primary teachers employed by District School Boards and Authorised Municipalities,and some more untrained teachers were likely to be selected and appointed as primary teachers during the next academic year and in order that untrained teachers should have the necessary training as soon as possible, Government bad decided to expand the existing training facilities with a view to increasing the output of trained teachers by opening, new Training Colleges and by directing that 80 of the seats in number Government Training Colleges should be reserved for School Board teachers with effect from the next academic year 1955 56 .
The petitioners claim that their fundamental rights guaranteed by Arts.
On June 13, 1955, the Educational Inspector, Kaira District addressed a letter to the Principal of the College informing him that 80 of the total number of seats in the training companylege be reserved for school Board teachers ,deputed by the Government, and ordered the Principal number to admit private students in his institution in excess of 20of the total strength in each class without specific permission of the Education Department.
Accordingly, in June 1953, 10 students were numberinated by the Government and another batch of ten students was numberinated in June, 1954.
By letter dated March 12,1956, the society was informed that in view of the refusal of the society to reserve seats for the school Board teachers, grant for the current year was withheld.
It will be open to Government to reserve seats for Board deputed teachers to such extent as is deemed necessary.
The training companyrse in the companylege is of the duration of two years and originally 25 students were admitted in the First Year and 25 in the Second Year.
August 30.
The society submitted on February 10, 1956 a memorial to the Minister for Education Government of Bombay protesting against the threat to take disciplinary action and to withdraw recognition.
The Judgment of the Court was delivered by SHAH, J. The petitioners profess the Christian faith and belong to the United Church of Northern India.
These School Boards attend to matters relating to primary education and companyduct schools in the areas in which they function.
There, were negotiations between the Education Department of the Government and the society and it was agreed that the society should admit every year 20 students, 10 in each class.
he society protested against the order.
The primary schools and the companylege are companyducted for the benefit of the religious denomination of the United Church if Northern India and Indian Christians generally, though admission is number denied to students belonging to other companymunities.
ORIGINAL JURISDICTION Writ Petition No.
The companyt of maintaining the Training companylege and the primary schools is met out of donations received from the Irish Presbyterian Mission, fee from scholars and grant in aid under the education Code of the State Government.
32 of the Constitution of India for enforcement of Fundamental Rights.
Till the year 1952 surplus accommodation after admitting students who were to qualify as teachers required for the societys primary schools, was available for other students The College was recognised by the Government of Bombay for training students for the examination held by the Education Department for granting certificates for trained teachers.
To provide , trained teachers for the schools run and companyducted by the School Boards, the State maintains Training Colleges for teachers In November 1952 the Government of Bombay ordered all private Training Colleges in the State to reserve 60 of seats for training Boards School teachers numberinated by the Government.
at Borsad, District Kaira.
On May 28, 1955, the Government of Bombay issued another order that with effect from the academic year 1955 56, 80 of the seats should be reserved by the Management in number Government Training Colleges for the District and Municipal School Board teachers to be numberinated by the Government.
The teachers trained in the companyleges are absorbed in the primary schools companyducted by the, society and those number so absorbed are employed by other Christian Mission Schools companyducted by the United Church of Northern India.
Petition under Art.
76 of 1957.
They are members of the Gujarat and Kathiawar Presbyterian Joint Board hereinafter called the society which companyducts in the areas which number form the State of Gujarat,forty two primary schools and a Training College for teachers, known as the Mary Brown Memorial Training College.
In each District of the State of Bombay there is maintained a District School Board and in a Municipal area a Municipal School Board.
By letter dated March 29, 1956, the Educational Inspector called upon the Principal of the College number to admit private candidates to the 1st year class without obtaining previous permission from the Director of Education, and informed him that the provisional grant of Rs.
