SCA/9978/1999 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9978 of 1999 With SPECIAL CIVIL APPLICATION No. 4153 of 2000 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= GNANDEEP KELAVANI MANDAL - Petitioner(s) Versus STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR BM MANGUKIYA for Petitioner(s) : 1, MS TRUSHA PATEL, AGP for Respondent(s) : 1 - 4. RULE SERVED BY DS for Respondent(s) : 1 - 2. MR RM DESAI for Respondent(s) : 1,3 - 4. MR AD OZA for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 31/03/2008 ORAL JUDGMENT 1. The present petition is for the relief, inter SCA/9978/1999 2/5 JUDGMENT alia, to quash and set aside the order dated 13th October, 1999 and 7th February, 2000 – Annexures G and N, cancelling the application for registration of the School for 10th Standard and its confirmation thereof. 2. It appears that this Court (Coram: M.S. Shah, J.) on 13.8.2001 had passed the following order:- Rule. Heard the learned counsel on the question of interim relief. 2. By order dated 22-7-1997, the State Government directed the Gujarat Secondary Education Board (the Board) to permit the petitioner to establish a secondary school at village Sukshar and start one division of Std. 8 from June, 1997 subject to the terms and conditions mentioned in the said order. One of the conditions was that the petitioner was required to produce the evidence before the District Education Officer regarding the financial stability of the petitioner -trust and also on condition that the petitioner - trust was not to receive any grant. The petitioner - institution thereafter applied for permission to open divisions in Std. 9 and Std. 10 in the subsequent years but those applications were rejected by the respondent authorities on the ground that the petitioner had not complied with the condition to produce the evidence for showing financial stability of the petitioner institution by opening a joint account with the District Education Officer. 3. The petitioner filed the present petitions contending that in spite of the petitioner's request for giving the particulars about the amount to be deposited and for the District Education Officer's permission for opening a joint account, the same were not given and it was for that reason that the petitioner institution was not in a position to comply with the conditions. It is also pointed out that upon bifurcation of the Panchmahals District, the file was sent by D.E.O. Panchmahals to D.E.O. Godhra. The aforesaid contention was not admitted on behalf of the respondents but in order to put an end to the controversy, by order dated 16-7-2001 the Court directed that without prejudice to the rights and SCA/9978/1999 3/5 JUDGMENT contentions of the parties, the respondents shall permit the petitioner to open a joint account with the deposit of the requisite amount and subject to the petitioner complying with the other terms and conditions, the respondents shall consider the petitioner's application for permission to start/continue Stds. 8, 9 and 10. 4. At the hearing of the petition today, Mr. Mangukiya, learned counsel for the petitioner produces a copy of the Bank Certificate dated 2-8-2001 and a copy of the letter dated 8-8-2001 from the District Education Officer, Dahod to the Secretary, Gujarat Secondary Education Board intimating that the amount of Rs.2,00,100/- has been deposited by the petitioner in the joint account with the Bank of Baroda, Sukshar and that in view of the said deposit, the Board may process the petitioner's applications. Mr. Mangukiya, submits that now that the petitioner -institution has deposited the requisite amount in the joint account with the D.E.O, there is no impediment to the grant of registration to the petitioner-school and the grant of permission to continue Std.8 w.e.f. June, 1997 and to open divisions in Stds. 9 and 10 w.e.f June, 1998 and June, 1999 respectively. Mr. Mangukiya further states that the school being run by the petitioner-institution is the only secondary school in Village Sukshar which is in a backward area of Panchmahals district and that, therefore, the petitioner's applications are required to be considered in light of the above facts. Mr. Mangukiya further submits that non-deposit of the amount earlier was not on account of fault on the part of the petitioner-institution but because requisite details were not being supplied by the office of the D.E.O.. 5. On the other hand, Ms. Nandini Joshi, learned AGP, appearing for the DEO controverts the aforesaid submissions, particularly, the statement that the DEO had not cooperated. 6. Mr. Dave for the Secondary Education Board submits that when the petitioner-institution opened the division in Std.8 and also divisions in Std. 9 and 10 without registration granted by the Secondary Education Board, the petitioner-institution may not be granted any relief. It is also stated by Mr. Dave that as per the report of the DEO there are five other secondary schools within the radius of 10 kms. from the place where the petitioner -school is located. 7. Having heard the learned counsel for the parties, it appears to the Court that it is not the case of the respondents that there is any other school in Village Sukshar itself though there may be other schools within the radius of 10 kms. In light of the above fact and in view of the fact that the petitioner-institution has already deposited a sum of Rs.2,00,100/- in the joint account with the DEO with the Bank of Baroda, Sukshar, it appears to be a fit case for directing the respondents to examine/re-examine the petitioner's applications for registration of a secondary school and also applications SCA/9978/1999 4/5 JUDGMENT for opening divisions in Std. 9 and 10 by proceeding on the basis that the petitioner has complied with the condition of deposit of the amount in the joint account and on the basis that there is no other secondary school in village Sukshar, a backward area of Dahod district. It also appears that the delay in the petitioner's applications being processed was on account of bifurcation of Panchmahals District into Panchmahals and Dahod, Village Sukshar falls in the newly constituted Dahod district and the file was forwarded by the office of the DEO Panchmahals to the office of the DEO, Dahod. It also appears that the Secondary Education Board has raised other objections also vide their communication dated 13-10-1999 at Annexure G to the petition. 8. In view of the said objections, it would be just and proper to direct the respondents to inspect the premises of the petitioner's institution again and to process the applications on the basis that the petitioner has complied with the condition regarding deposit of the amount in the joint account with the DEO. If the respondents prima-facie find that the petitioner has not complied with any condition or requirement for opening a secondary school, the respondents shall give the petitioner one month's time to remedy the defect and thereafter the respondents shall take the decision. This exercise shall be carried out within three months from today. 9. It will be open to any of the parties to move the Court for fixing an early date of final hearing after the respondents take the final decision on the petitioner's applications. Till then, the respondents shall not interfere with the petitioner's conducting classes in Std. 8, 9 and 10 at village Sukhsar in Dahod District. Direct service is permitted.” 3. Today, when the matter is further taken up for hearing, Mr.Raval for Mr.A.D. Oza, learned Counsel places on record a copy of the order dated 7.6.2005 passed by the Board, where the permission has been granted for registration of the School for 10th Standard and the grant is also made admissible. 4. In view of the aforesaid, as the registration of the School has been granted, which is subject SCA/9978/1999 5/5 JUDGMENT matter of this petition and further grant is also made admissible, the present petition would not survive and shall stand disposed of accordingly. Rule discharged. No order as to costs. Liberty to apply in case of any difficulty. 31.3.2008 (Jayant Patel, J.) vinod