IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 4328 of 2000 For Approval and Signature: Hon'ble MR.JUSTICE M.C.PATEL ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the Civil Judge? : NO -------------------------------------------------------------- LATE V P ZALA KELVANI MANDAL Versus SECRETARY -------------------------------------------------------------- Appearance: MR MP PRAJAPATI for Petitioner MR AD OZA GOVERNMENT PLEADER with Mr.VB GARANIYA for Respondent No. 1, 2, 3 -------------------------------------------------------------- CORAM : MR.JUSTICE M.C.PATEL Date of decision: 25/07/2000 ORAL JUDGEMENT #. The petitioner is a public trust registered under the provisions of the Bombay Public Trust Act. It has been running a secondary school in the name of Shri V. P. Zala Madhyamic Shala at Khandheri which is a village situated in Veraval Taluka. #. The petitioner had made an application to the District Education Officer on 10-5-99 seeking permission to start one 11th Standard Class with grant. On 7-4-2000, the petitioner received a communication from the Joint Director Education, intimating that their application has been rejected by the Education Department by their letter dated 24-2-2000. The petitioner thereupon filed the present petition on 26-4-2000. Rule was made returnable on 18-7-2000. No reply has been filed to the petition. In the communication dated 7-4-2000, no reasons for rejecting the application of the petitioner for starting one class in 11th Standard have been given and neither any affidavit has been filed disclosing the reasons nor any time is sought for filing an affidavit-in-reply. In the circumstances, the impugned order Annexure-A is set aside and the matter is remanded for fresh consideration. The respondent No.1 shall pass a fresh order after considering the entire relevant material on record. He shall do so at the earliest, preferably within 3 weeks from the date of receipt of this order. Rule is made absolute accordingly. Date : 25-7-2000 [ M. C. PATEL, J. ] #kailash#