Mr. Joseph D'Souza, a manager of the boys' school run by a christian missionary applied to the govt. for permission to admit a girl student to the school as required under the State Education Rules. The State Govt. refused to give permission on the following grounds:
1. The school was purely a boys' school and not established as a co-ed school.
2. There is a purely girls high school nearby which is run by the muslim trust and if the permission is granted it will adversely affect the school run by the muslim trust.
Mr. D’Souza challenged the govt. order as violative of article 30 and article 14 of the Indian constitution, before the Hon'ble high court. The govt. took a stand that a govt. policy is not open for judicial review.
I have the following issues:
1. Whether the court was right in refusing permission to admit a girl student in pure boys' school?
2. Is there really a violation of article 30 and article 14 of the Indian constitution?
3. Can we judicially review a govt. policy?