GUJARAT MINORITY SCHOOLS ASSOCIATION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this Special Civil Application, the writ-petitioners, the different Schools registered as linguistic minority Secondary and/or Higher Secondary Schools, receiving grant-in-aid from the Government, have prayed for a mandamus or any other appropriate writ, order or direction holding that the new amendment made by the respondent authorities by the Resolution dated 17th August 2011 as also the amendment in Regulation 43 of the Regulations deleting Regulation 20 framed under the Gujarat Secondary and High Secondary Education Act as ultra vires and inconsistent with Section 40A of the Gujarat Secondary & High Secondary Education Act, 1972 [hereinafter referred to as the Act].

(2.) The case made out by the petitioners may be summed up thus:-

(3.) The State of Gujarat has opposed this writ-application by filing an affidavit-in-reply and its defence may be summed up thus:-