AZAD EDUCATION AND DEVELOPMENTTRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present appeal under Clause-15 of the Letters Patent, the appellant ? Azad Education and Development Trust, has challenged the Order dated 2/3rd February, 2012, passed by the learned Single Judge in Special Civil Application NO. 14619 of 2011, dismissing the writ petition, by which the prayer was made to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondents to grant permission for opening a Class of Standard XI w.e.f. June 2010 instead of June 2013 and that Class of Standard-XII w.e.f. June 2011 instead of June, 2014 and also made a prayer that the students of the appellant educational institutions who had filled in their application form for Higher Secondary Certificate Examination of March 2012 shall be accepted and to allow the students to take the said examination which is scheduled to be held in March, 2012.

(2.) WE have heard learned Advocate Mr. N.V. Gandhi, appearing for Mr. N.C. Shah, appearing for the appellant ? Trust and have also gone through the order passed by the learned Single Judge.

(3.) IN view of the factual aspect of the case, the learned Single Judge, after hearing of the parties and after considering the decisions of the Apex Court as well as of this Court, has observed as under: ?/The petitioner Trust is running a primary school with Gujarati medium since 2005. The said school is unaided school and it is imparting education to the students in standard 1