SCA/5604/2001 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5604 of 2001 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 ? ========================================================= AMARDEEP CHARITABLE TRUST - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR BM MANGUKIYA for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, 3, MR AD OZA for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 10/04/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for challenging the decision of the Board and its SCA/5604/2001 2/4 JUDGMENT confirmation thereof by the State Government whereby the permission to transfer the school from village Degmada-Dolaria to village Bedwali- Bhanpur has been denied. 2. It appears that when the matter was considered by this Court at the admission stage, no interim relief was granted. Further, one of the basis of the present petition is the pendency of the SCA No. 1525 of 1996, preferred by the trust whereby the registration of the school was cancelled. 3. Ms. Trusha Patel learned AGP has placed on record the copy of the order dated 15.12.2004 passed by this Court (Coram: K.S. Jhaveri, J.) in SCA No. 1525 of 1996 whereby following order has been passed: “1. The petitioner herein has prayed for the following prayers: "(A) Be pleased to issue a writ of mandamus or in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside the impugned order passed by the respondent no.3 dated February 6, 1996 ordering the closure of the school by cancelling the standards 9 and 10, and standard 8 for the purpose of grant. (B) Pending hearing and final disposal of this petition, be pleased to stay the implementation, execution and operation of the impugned order passed by the respondent no.3 dated February 6, 96 ordering the closure of the school by cancelling the standards 9 and 10, and standard 8 for the purpose of grant." SCA/5604/2001 3/4 JUDGMENT 3. The petition is of the year 1996. Before passing the order the respondent authorities have considered the circumstances which were prevailing at the relevant point of time. Moreover, the impugned order has been passed in the year 1996 and therefore at this stage the prayers made herein cannot be granted. Therefore, the petition is disposed of accordingly. Rule is discharged with no order as to costs. Ad interim relief stands vacated. 4. However, if any fresh application is made by the petitioner the same shall be considered by the concerned authority in accordance with law.” 4. It is further reported by the learned AGP that as per the computer status, no LPA is preferred against the decision dated 15.12.2004, passed by this Court in SCA No. 1525 of 1996. She has also placed on record the status record from the website. 5. Under these circumstances, as per the decision of this Court dated 15.12.2004 in SCA No. 1525 of 1996, cancellation of the registration is not stayed by this Court and the school for standards 8, 9 and 10 are closed. It was also observed by this Court that if any fresh application is made by the petitioner, the same shall be considered by the concerned authority in accordance with law. 6. In view of the above, as the registration is cancelled of such classes or standards, the SCA/5604/2001 4/4 JUDGMENT questions of transfer would not arise. Apart from the above, the transfer would depend upon the facts and circumstances, prevailing at the relevant point of time, when the application is made. Therefore, if the petitioner is desirous to transfer the school if any, in existence, it will be for the petitioner to move fresh application, which may be examined by the authority in accordance with law. 7. Hence, subject to the aforesaid observations, the petition is disposed of as having become infructuous and the cause no more survives. Rule discharged. No order as to cost. (JAYANT PATEL, J.) Suresh*