SADHNA EDUCATION TRUS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Draft amendment granted in SCA No.6765/2003.

(2.) In all these petitions common challenge is to the order passed by the State Government for transferring the management of the School namely; Narsinh Vidhya Mandir, Junagadh to Saraswati Education and Charitable Trust. The petitioner of SCA No.6765/2003 is a Trust which is interested to take over the management of the School and, therefore, it has preferred the petition not only for quashing the order for transfer of management, but for directing the respondents to transfer the management to the petitioner. The other petition being SCA No.11158/2002 is preferred by the teachers of the said School for quashing the order passed by the State Government for transfer of the management of the said School. The petition being SCA No.11157/2003 is preferred by the teachers of the other School, challenging the very order of the State Government for transfer of the management.

(3.) Having heard the learned Counsel for the petitioners, Mr.Oza and Mr.Buch for Nanavati Advocates and Mr.Joshi, learned AGP for the authorities and Ms.Mandavia for respondent No.3, it appears that initially when Junagadh Municipality was there (now converted into Corporation), the very impugned order of the State Government for transferring the management of the very School was challenged by preferring SCA No.11498/2000 and this Court (Coram: K.R.Vyas, J.), as per the decision dated 10-10-2001, for the reasons recorded in the said decision, has upheld the legality and validity of the said order. It may be stated that in the decision dated 10-10-2001 in SCA No.11498/2000 (Coram: K.R.Vyas, J.) the Court has observed as under: