ASHWINKUMAR RAMNIKLAL MANIYAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Ms.Nikita Barot, learned counsel for the petitioner, Mr.Rohan Shah, learned Assistant Government Pleader for the State respondents Nos. 1 and 2 and Mr.Premal Rachh, learned advocate for respondents Nos. 3 to 11.

(2.) Challenge in this petition is to an order passed by the Charity Commissioner dtd. 13/10/2020 by which the application filed under Sec. 41-A of the Gujarat Public Trusts Act , 1950, has been rejected.

(3.) Facts in brief would indicate that one Jayaben Jerambhai Maniyar, who was the paternal aunt of the father of the petitioner, during her lifetime, had in the year 1980 donated Rs.75,000.00 to the respondent Adarsh Education Trust. The amount so donated was, according to the petitioner conditional, inasmuch as, it was agreed by and between the Trust and Jayaben that the school that was imparting education would be named as "J.N.Maniyar Adarsh Primary School". Secondly, it was also agreed that every year five students names that may be given by Jayaben and subsequent thereto by the father of the petitioner will be admitted and given education without charging fees. The Trust, accordingly passed a Resolution on 7/3/1979 accepting such donation.