DHANANJAY PRAHLAD BHOLE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed against the judgment and order passed by the learned Single Judge in SCA No. 4881 of 1999 on 7th September, 1999. That petition was filed by Vasudevanand Sthanak Adhyapak Mandir and another for an appropriate writ, order or direction declaring the result of the students who had studied with petitioner No.1 institute and appeared at the examination.

(2.) The case of petitioner No.1 was that it was a public trust which submitted an application to the State Government for granting permission to start the course of Diploma in Basic Education (DBEd)from academic year 1998-99. By a Government Resolution, dated September 4, 1998, the State Government granted permission for running the said course subject to certain terms and conditions. Accordingly, the course was commenced by petitioner No.1 by granting admission to the students in the month of December, 1998. In December, 1998, the State Examination Board informed the petitioner trust that examination of the students from the petitioner institution would not be conducted unless and until recognition shall be granted by the National Council for Teachers' Education, Bhopal. It appears that pursuant to the said intimation, the petitioner trust made an application on January 27, 1999 to the Council. The application was, however, rejected. In the meanwhile, the petitioner trust persuaded the State Examination Board to conduct the examination of the students who had completed their study for the academic year 1998-99. The Board agreed to conduct examination subject to the petitioner trust obtaining recognition from the Council. Accordingly, the students appeared at the examination but their results were not declared on the ground that the petitioner trust had not produced recognition from the Council. The petitioners, therefore, prayed to this Court that the Board may be directed to declare the results.

(3.) Affidavit in reply was filed by the Board as well as by the Council in which it was stated that no recognition was granted by the Council and hence, the petitioner trust could not have admitted students and as the action was illegal and contrary to law, results could not be declared.