SARVANGI VIKAS KELVANI MANDAL Vs. SECRETARY

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for following reliefs:-

(2.) THE short facts leading to filing of this petition are that the petitioner is a Public Trust registered under the provisions of Bombay Public Trust Act. The petitioner is running a school namely Sarvangi Vikas Vidhyalaya at Kapoda and one Secondary school namely Jagruti Vidhya Mandir at Raheda. The petitioner trust sent a proposal to Gujarat Secondary Board to shift the Jagruit Vidya Mandir from Raheda to Rudardi. However, no positive reply was received and therefore, respondent No.4, herein preferred S.C.A. No. 6727 of 1993 before this Court praying to give permission to transfer the school and also to allow to close down the school at Raheda. The said petition was disposed of by this Court on 24.8.1994 with a direction to make representation to the Board. Pursuant to the directions given by this Court the parties were heard by the Gujarat Secondary Education Board. By order dated 13.3.1995, the Board rejected the proposal of the petitioner to permit it to shift Jagruti Vidya Mandir from Raheda to Rudardi. The Managing Committee of the Board recommended the General Body of the Board to remove the name of the school from the Register maintained under the provisions of the Gujarat Secondary Education Act.

(3.) HE further contended that the the respondent Secretary also committed an error in dismissing the appeal of the petitioner vide order dated 25.4.2007 on the same ground. He contended that the respondents have not followed the procedure as contemplated u/s 31(9) of the Act while deciding the appeal filed by the petitioner as per the direction issued by this court. He therefore, submitted that the present petition deserves to be allowed.