SHANTINIKETAN EDUCATION TRUST Vs. SECRETARY EDUCATION DEPTT

JUDGEMENT

(1.) Heard the learned advocates.

(2.) The petitioner is a Public Trust established by minority community. The Trust has established and is administering a Secondary School in Hindi Medium at Ahmedabad. It appears that in the academic year 1999-2000 some 128 students of Standard-IX of the petitioner's school had passed the examination and were admitted to Standard-X. The petitioner had been given permission to open two classes of Standard-X. Keeping in view the number of students passing Standard-IX, it would not be possible for the school to accommodate all the 128 students in two classes of Standard-X. The petitioner, therefore, applied for a permission to open one more class of Standard-X, commencing from June, 2000. The said application was, however, rejected by the Commissioner, Mid-day Meal and Schools, under its order dated 25th August, 2000. Feeling aggrieved, the petitioner preferred revision before the State Government, which too was rejected on 4th December, 2000. Feeling aggrieved, the petitioner has preferred the present petition.

(3.) The permission for opening new class has been rejected on the ground that the petitioner does not have sufficient number of students for three classes of Standard-X.