SOLANKI PRAVINKUMAR GAGABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition filed by students studying in standard XII praying that respondent No. 2 -Gujarat Secondary Education Board, be directed to accept the examination forms of the petitioners and permit the petitioners to appear at the examination.

(2.) Notice was issued by this Court on 15th March 2002. In pursuance of the notice issued by this Court, learned Advocate Shri Deepak Dave for learned Advocate Shri A. D. Oza has appeared and has placed on record an affidavit -in -reply filed by Shri Balkrishna, Examination Secretary of respondent No. 2 -Board. In the affidavit filed on behalf of the Baord, it has been stated that respondent No. 3 -school is not having any recognition or permission to conduct standard X or XII classes or in other words, it is not having permission to run Secondary or Higher Secondary School. In spite of the said fact, the school has given admission to the petitioner -students. It has also been submitted that in the past, when recognization of the school had been cancelled, the order whereby the recognition was cancelled was challenged by New Education Foundation, the trust which runs respondent No. 3 -school, and not only this Court, but even the Hon'ble Supreme Court had upheld the order whereby recognition of the school had been cancelled. Thus, there is no valid permission to run Secondary or Higher Secondary School with the trust.

(3.) Upon knowing the illegalities committed by the trustees of the trust, this Court had given certain directions to the District Education Officer, Ahmedabad (Rural) as well as the Charity Commissioner, Guajrat State to furnish certain information.