SCA/7363/1989 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7363 of 1989 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 ? ========================================================= JANTA EDUCATION TRUST & 1 - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : NOTICE UNSERVED for Petitioner(s) : 1 - 2. GOVERNMENT PLEADER for Respondent(s) : 1 - 2. MR VH DESAI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 03/04/2008 ORAL JUDGMENT 1. The petitioners have preferred the petition for the relief inter alia to declare that the tribunal constituted under Section 39 of the SCA/7363/1989 2/5 JUDGMENT Gujarat Secondary Education Act 1972 (hereinafter referred as to the 'Act') has no jurisdiction or authority to decide the question about the status of an educational institution being a linguistic or religious minority. It is also prayed by the petitioners to declare that Section 38 of the Act, does not apply to the institution established and administered on linguistic and religious minority. The petitioners have also prayed to direct the writ of prohibition against Gujarat Secondary Education Tribunal from assuming jurisdiction to decide the question as to whether the petitioner No. 1 is a linguistic minority or not and it is prayed that the tribunal be restrained from the proceedings further with the hearing of the application No. 733 of 1988. 2. It appears that when the petition was initially taken up for hearing on 19.10.1989, Notice was issued, and the ad-interim relief was granted staying the further proceedings before the Secondary Education Tribunal. Thereafter, ad- interim relief came to be continued from time to SCA/7363/1989 3/5 JUDGMENT time but on 3o.7.1990 this Court passed the following order: “Ad-interim relief vacated. The tribunal is directed to fix the matter for hearing after 31st August 1990 after the notice to the parties.” 3. Therefore, interim stay against the proceedings of application No. 933 of 1988 came to be vacated in the year 1990. 4. The notice is unserved to the petitioners, therefore, the petitioners are not in a position to report this Court, as to whether the proceedings before the tribunal have been concluded or not, neither Mr. Shukla learned AGP appearing for the State Government is in a position to report this Court, about the conclusion of the proceedings before the tribunal or not. 5. Even, otherwise also it is open to the petitioners to raise all contentions including that of the applicability of Section 38 of the Act, to the institution established and administered on linguistic or religious minority SCA/7363/1989 4/5 JUDGMENT in the proceedings before the tribunal. 6. In view of the above, the present petition is disposed of with the observation that the petitioners shall be at the liberty to raise all the contentions, which are raised in the present petition before the tribunal, pertaining to the applicability of the provisions of Section 38 of the Act, in the proceedings before the tribunal of application No. 933 of 1988, if up till now not concluded. In the event the proceedings are concluded, no further direction would be required. 7. In view of the above, it may not be necessary for this Court to examine the question for issuance of the declaration that whether the tribunal has power under Section 39 of the Act, to decide the question of linguistic or religious minority of institution or not. Such question shall remain open with the observation that the tribunal may decide after hearing parties to the proceedings. In the event proceedings are not concluded of application No. 933 of 1988, the same shall be concluded as SCA/7363/1989 5/5 JUDGMENT early as possible, preferably within the period of six months from the receipt of this Court. 8. Disposed of accordingly. Subject to the aforesaid directions and observations, rule discharged. No order as to cost. (JAYANT PATEL, J.) Suresh*