SHREE KOTIYARK EDUCATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 08.08.2005 passed by the Deputy Secretary, whereby the Dy. Secretary dismissed the appeal preferred by the petitioner.

(2.) The short facts of the case are that the petitioner is a Trust duly registered under the Bombay Public Trust Act [for short "the Act"]. The petitioner-Trust is running a school in Village Finav, Taluka Nadiad, District Kheda. On 08.08.2003 the District Education Officer-respondent no. 3 herein, carried out the inspection of the school, wherein it was found that the Principal of the School has committed certain alleged irregularities. Pursuant thereto, on 11.08.2003, the District Education Officer-respondent no. 3 issued a show cause notice to the petitioner-Trust inter alia alleging that on inspection, less number of students were found and that no proper facilities were provided by the School. The petitioner-Trust replied to the said show-cause notice vide reply dated 11.08.2003. Thereafter, on 03.09.2003 respondent no. 3 issued another show-cause notice to the petitioner-Trust seeking details about the attendance of the students in the school. The petitioner-Trust submitted its reply vide reply dated 04.09.2003. However, after a period of about one month, respondent no. 3 on 10.10.2003, issued show-cause notice cum order to the petitioner-Trust inter alia stating that the petitioner-Trust is required to pay salary to the employees of the School from October, 2003 and also directed the petitioner-Trust to pass a resolution for closure of the school. However, on 10.01.2004, the petitioner-Trust received a representation from the parents of the students that the Principal of the school has asked them to take the school leaving certificates of their children.

(3.) Heard learned counsel for the respective parties and perused the documents on record. From the record it transpires that the petitioner-Trust had passed a Resolution on 02.01.2004 for closure of Standard VIII on account of less attendance of the students in the school and the same was also submitted to respondent no. 2. Thus, the petitioner-Trust itself has admitted about alleged irregularity with regard to less attendance in the school. Therefore, the impugned order passed by the respondent-authority cancelling the registration of the school is just and proper and I find no reason to interfere with the same under Article 226 of the Constitution of India.