JANKALYAN JAGRUTI KELAVNI Vs. SECRETARY

JUDGEMENT

(1.) The petitioner is a registered trust under the Bombay Public Trusts Act ("the Act" for brevity). The present petition is filed challenging the order dated 23.11.1987 which is produced at Annexure 'J' passed by respondent no.1, whereby registration of Secondary School for Standard VII run by the petitioner trust was cancelled.

(2.) The facts giving rise to the present proceedings are as under. The petitioner established the school for upliftment of the scheduled castes and scheduled tribes in Panchmahal district for imparting education to children. The petitioner made an application to respondent no.1 to start secondary school in the name of "Shri Kiran Vidyalaya" from June 1981. An application was made under the provisions of section 31(1) of the Act. The application of the petitioner was rejected by respondent no.1 by order dated 4.5.1986. Being aggrieved of that the petitioner preferred an appeal under sec.31(1)) of the Act before respondent no.3, who was pleased to allow the appeal by order dated 21.2.1986. It is the case of the petitioner that the appeal was allowed by respondent no.3 taking into consideration the requirement of secondary school in the village Nemkapurva, Taluka Sanjeli, district Panchmahals as there was no objection from any other school in nearby area. The petitioner was granted permission and order dated 4.5.1986 passed by respondent no.1 was quashed by respondent no.3. A copy of that order passed in appeal dated 22.10.1987 is produced at Annexure 'A' (Copy produced at Annexure 'A' bears date as 30.12.1986).

(3.) The petitioner has also stated that, the school was started from June 1986 and 23 students were admitted in Standard VIII. It is also stated that all those students belong to scheduled castes and scheduled tribes and that the trust or the school is not collecting any fee from the students. It is also mentioned that the District Education Officer had also granted No Objection Certificate (NOC) by an order dated 7.2.1987 for appointment of 1 1/2 teacher, i.e. one full time teacher for teaching Gujarati and Sanskrit; one part time teacher for Science and Mathematics; one Clerk and one Peon. The petitioner has then by giving an advertisement on 19.2.1987 after holding interview in presence of representative of District Education Officer has appointed teachers, clerk and peon and the school is running fulfledged. It is also stated that as per the requirement under regulations, the petitioner trust has deposited a sum of Rs.30,000/-, in Panchmahals District Cooperative Bank in a joint account in the names of the District Education Officer, President of Jan Kalyan Jagruti Kelavani Mandal and the Principal of Shri Kiran Vidyalaya. It is also the case of the petitioner that a certificate issued by Panchmahal District Cooperative Bank Limited was sent to respondent no.1 about the aforesaid deposit and a copy of the said certificate dated 18.2.1987 is annexed at Annexure 'E' to the petition.