ANJUMAN EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Rule. Ms.Sonal Vyas waives service of Rule for respondents.

(2.) . The petitioners prayed in this petition to quash and set aside the impugned order dated 11.2.2002 (Annexure-A) passed by the respondent No.1 rejecting the appeal / representation filed by the petitioner and further prayed that the respondent authorities be directed to release grant in their favour to run Standard XI and XII in Nav Gujarat Madhyamik Secondary School at Balasinor, Dist. Kheda from the date of the application.

(3.) . From the record of the case, it appears that the petitioner No.1-Trust was given permission in June, 1997 to start Standard XI General Stream in new school as a special case on a specific condition that it shall not ask for any grant. Accordingly, petitioner No.1-Trust started school in June, 1998 for Standard XI without claiming any grant and temporary permission was granted to it. An undertaking dated 2.11.1999 was submitted by the petitioner on stamp of Rs.20/= wherein it has been stated that the petitioner-Trust is having sufficient fund and if any need so arise it would be in a position to raise further funds and in no circumstances it shall claim any financial assistance / grant from the State Government. It is also stated in the undertaking that the petitioner-Trust is bearing expenses of the education as well non-teaching staff. On the basis of the undertaking, permission was granted by the respondent-authority to start Standard XI in General Stream by its letter dated 18.12.1999.