AKSHAR PURSHOTTAM SWAMINARAYANKELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) : This petition is filed challenging the order dated 9.1.1991 passed by the Govt. of Gujarat, Education Department cancelling the permission granted by the Gujarat Secondary Education Board by its letter dated 5.7.1990.

(2.) It is given out that the said order is passed without giving an opportunity of hearing to the petitioner, who is directly affected by that order. It is also mentioned that Surkhai Gram Panchayat and others had filed Special Civil Application No.6056 of 1990 before this Court, which came to be disposed of by this Court by a judgement and order dated 10.10.1990. In the said petition what was challenged was the permission granted by the Board for change of place from village Surkhai to village Kukeri. By allowing that petitioner, the challenge the challenge to the permission granted by the Board was upheld by this Court. The Govt. has then passed the present impugned order on 9.1.1991, form that it is clear that the order is passed only with a view to overcome the decision of this Court, upholding the permission granted by the Board. The factum of not granting an opportunity of hearing to the petitioner is not denied.

(3.) In that view of the matter only on that short ground, the impugned order dated 9.1.1999 being in violation of principles of natural justice, is hereby quashed and set aside. The petition is allowed. Rule is made absolute with no order as to costs.