SATYAM KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition filed under Article 227 of the Constitution of India, the petitioner has prayed that the respondent no.2 be directed to decide the Appeal being Appeal No.APL/2019/262 within reasonable time.

(2.) Heard learned advocate, Mr. Rutul Kinariwala for Mr. D.P. Kinariwala appearing for the petitioner and learned AGP Mr. K.M. Antani appearing for the respondent - State on receipt of advance copy.

(3.) It is submitted by learned advocate for the petitioner that vide order dated 08.07.2019, the Gujarat Secondary & Higher Secondary Education Board (hereinafter referred to as "Board" for short) cancelled the recognition of the School run by the petitioner - Trust in the name of "Saurabh Vidhyalaya" situated at Nana Sebaliya, Taluka : Poshina, District : Sabarkantha. It is submitted that against the order passed by the Board, the petitioner has filed an Appeal under Section 31(10) of the Gujarat Secondary and Higher Secondary Education Act, 1972 before the respondent - Education Department and on filing of the same, the respondent no.2, thereafter, sent a communication dated 03.01.2020, by which, the petitioner was informed that the hearing of the said Appeal is fixed on 22.01.2020, however on 22.01.2020, as per the instruction provided to the petitioner, the concerned Officer of the respondent - department was on leave and, therefore, the hearing of the said Appeal could not take place and, thereafter, no further date is given by the respondent - department in the said Appeal. It is, therefore, urged that the respondent no.2 be directed to decide the Appeal filed by the petitioner within reasonable time.