LUNAWADA KELAVANI MANDAL Vs. GUJARAT SECONDARY EDUCATION BOARD

JUDGEMENT

(1.) This petition is filed by the petitioner which is a trust running school challenging the decision of the Gujarat Secondary Education Department, dated 25.8.2000 whereby the permission is granted to respondent No.2 to open the new school.

(2.) Heard Mr.R.M.Bhatt for Mr.M.M.Desai for petitioner, Mr.Deepak Dave, Ld.AGP with Mr.A.D.Oza, GP for respondent 1, Mr.Mangukia for respondent No.2 and Mr.I.M.Pandya for respondent No.3.

(3.) Mr.Bhatt for the petitioner submits that the impugned order has been passed in breach of Regulation 9(16) in as much as once the school was already in existence no permission for opening another school should have been granted by the Board. He also submitted that since the petitioner is an aggrieved party it was obligatory for the authority to give opportunity of hearing. However, no hearing has been given and therefore the petitioner contended that if the other school is allowed to continue it would result into unhealthy competition and therefore they are constrained to approach this court challenging the impugned order.