SHIVAM CHARITABLE TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms.Manisha Lavkumar, learned AGP waives service of notice of rule on behalf of respondent No.1 and Mr.H.Raval appearing for Mr.A.D.Oza appears for respondent No.2 waives service of notice of rule.

(2.) With the consent of the parties, the matter is taken up for final hearing today.

(3.) The short facts of the case are that the petitioner is a charitable trust running Uttar Buniyadi Kanya Vidyalaya at Fulpura, which is, as per the averments of the petitioner, is a tribal area. The petitioner wanted to open 8th standard since the facility of education is available upto 7th standard and, therefore, the petitioner applied to the respondent Board for such purpose. On 12-2-1999, the Board rejected the application of the petitioner and, therefore, the petitioner had to prefer SCA No.7150/1999 before this Court. In the said SCA, ultimately after hearing both the sides, this Court passed the order which reads as under: