LPA/28419/1998 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 284 of 1998 In SPECIAL CIVIL APPLICATION No. 1894 of 1998 For Approval and Signature: HONOURABLE MR. JUSTICE MOHIT S. SHAH and HONOURABLE MS.JUSTICE H.N.DEVANI ============================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ============================================= GUJAAT SECONDARY EDUCATION - Appellant(s) Versus MINOR SOLANKI SANDEEPSINH CHANDRASINH & 43 - Respondent(s) ============================================= Appearance : MR AD OZA for Appellant(s) : 1, MR SUNIL K SHAH for Respondent(s) : 1, 30, NOTICE SERVED BY DS for Respondent(s) : 2 - 9, 11,13 - 23,25 - 28,31 - 41. MR NILESH M SHAH for Respondent(s) : 10, 12, 24, 29, MS NISHA PARIKH for Respondent(s) : 42 - 43 - for Respondent(s) : 0.0.0 ============================================= CORAM : HONOURABLE MR. JUSTICE MOHIT S. SHAH and HONOURABLE MS.JUSTICE H.N.DEVANI Date : 13/10/2008 ORAL JUDGMENT (Per : HONOURABLE MR. JUSTICE MOHIT S. SHAH) LPA/28419/1998 2/3 JUDGMENT This Letters Patent Appeal is directed against interlocutory order dated 12.3.1998 of the learned Single Judge directing the appellant herein to accept forms of the petitioner – students of Hardik Vidyalaya (who are respondent Nos.1 to 40 herein) through any other recognized school. 2. The above order was passed by the learned Single Judge in Special Civil Application No.1894 of 1998 filed by the 40 students in view of the fact that Hardik Vidyalaya where they were studying in the Standard X was not recognized by the appellant – Board and, therefore, the students were not permitted to appear at the Std. X examination which was to be conducted by the appellant – Board in March 1998. Aggrieved by the above interim order dated 12.3.1998, the appellant moved this Letters Patent Appeal, which was admitted, and on 31.3.1998, this Court granted interim stay against declaration of the result. 3. When the appeal reached hearing on 18.9.2008, the learned counsel for respondent Nos.1 to 40 sought time to seek instructions whether the students were still interested in the appeal being heard on merits. 4. Mr Sunil K. Shah, learned counsel for the respondent – students states that though he had written to one of the guardians at the residential address indicated in the appeal memo, he has not received any instructions in the matter. 5. Mr AD Oza, learned counsel for the appellant – Board states that the Board had by letter dated 18.9.2008 requested the Principal of Smt. LH Gandhi High School, C/o. Bright Star School through which the students were permitted to appear at the examination in compliance LPA/28419/1998 3/3 JUDGMENT with the interim order of the learned Single Judge to inform the appellant – Board about further developments in the matter. In response thereto, by letter dated 27.9.2008, the Principal of Smt. LH Gandhi High School has informed the appellant – Board that though the students were permitted to appear at the Std. X examination in March 1998, the results were not declared in view of the interim stay granted in this appeal. The Principal further stated that he had no details about the students who were originally admitted to Hardik Vidyalaya. 6. In CBSE vs. P Sunil Kumar, (1998) 5 SCC 377, the Apex Court held as under :- “.. ... We are conscious of the fact that our order setting aside the impugned directions of the High Court would cause injustice to these students. But to permit students of an unaffiliated institution to appear at the examination conducted by the Board under orders of the Court and then to compel the Board to issue certificates in favour of those who have undertaken examination would tantamount to subversion of law and this Court will not be justified to sustain the orders issued by the High Court on misplaced sympathy in favour of the students.” 7. Considering the undisputed fact that Hardik Vidyalaya was not recognized by the appellant – Board to establish and run a High school and having regard to the decision of the Apex Court in CBSE vs. P Sunil Kumar, (1998) 5 SCC 377, we allow the appeal and set aside the order dated 12.3.1998 of the learned Single Judge. (M.S. SHAH, J.) (HARSHA DEVANI, J.) zgs/-