1996 (8) TMI 525

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....peal by special leave arises from the judgment and order of the Division Bench of the Madras High Court dated August 11, 1986 made in Writ Appeal No.761/1986. The undisputed facts are that the appellant middle imparting education upto the 8th standard was established way back in 1929 upto the 8th standard. It is an aided institution. The landlord filed an application for eviction of the school and....

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....nch confirmed the same in limini. Thus, this appeal by special leave. The only question which arises for consideration is : whether the acquisition is for a public purposes? The High Court has taken the view that since the appellant- institution is being run by an individual which is not a registered society under the Societies Registration Act it is neither a company not a society and, therefo....

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....rivate Schools (Regulation) Act 1973, Act 29 of 1974 (for short), the 'Education 'Act'). Section 3 defines "educational agency" in relation to any other private school to mean any person or body of persons permitted or deemed to be permitted under this Act to establish and maintain such other private institution. Section 5(1) of the Act envisages that the educational agency of every pr....

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.... out of State funds on grounds only of religion, race, caste, language or any of them". Thereby the educational insitution receiving aid is an instrumentality or education agency of the State imparting education opn behalf of the State which is a fundamental right of the citizens. It is not in dispute that the entire expenditure for the acquisition is being met from the public funds, as accepted b....