NOORMOHMMED H BATLI PRESIDENT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The short facts of the case are that the petitioner applied for opening a school at Veraval. The case of the petitioner is that the school which is proposed to be opened is at a place where in comparison to the strength of students sufficient facilities for education are not available. It is also the case of the petitioner that they belong to minority community and for the purpose of studies of girls of the said minority community the petitioner trust has decided to open a school. The petitioner is not claiming any grant for the purpose of said school. The petitioner applied for granting registration to the respondent Board, however, on 9.5.02 the respondent Board declined the request for opening new school on the ground that it is not financially sound and the requisite number of students are not available and it is likely to create unhealthy competition and that the building is not proper and the need for the school is not established.

(2.) The petitioner carried the matter in appeal before the State Govt and ultimately the State Govt passed the order on 1.7.02 whereby the State Govt considered all the grounds and found that there is no requisite building for the school and the opening of school is likely to create unhealthy competition and therefore on those two grounds the appeal is dismissed. Under the circumstances, the present petition is preferred.

(3.) Mr.Jasani appearing on behalf of the petitioner contended that the petitioner at no point of time was given any opportunity to meet with the report of the Dist.Education officer. He also submitted that all the schools and more particularly the school at an adjacent distance, namely, Salma Girls School has given NOC for opening the school. He submitted that the existing strength of the said school is not in a position to meet with the requirement and excess students are admitted and therefore it may be presumed that the need is established. Mr.Jasani also submitted that so far as the schools for minority community are concerned it is not necessary that the strength should be of prescribed number of 23 or 30 students as the case may be and he submitted that such requirement is only for the purpose of schools which claim grant and whereas the petitioner is not claiming any grant and the burden of expenses for running the school is to be shouldered by the petitioner trust and therefore he submitted that the requirement of area which is alleged to have been mentioned is not the proper ground and therefore he submitted that the ground which is mentioned by the appellate authority in the order is not correct and hence the matter deserves to be remanded to the State Govt.