OASIS CHARITABLE TRUST Vs. DIRECTORATE OF PRIMARY EDUCATION

JUDGEMENT

(1.) Heard learned Advocate Mr. M.A. Kharadi on behalf of the petitioner and learned AGP Mr. Akash Chhaya on behalf of the respondent-State.

(2.) By way of this petition, the petitioner has challenged an order dtd. 1/4/2023, whereby the respondent No.1 has rejected an appeal preferred by the petitioner for recognition to start private unaided primary school in English Medium.

(3.) Considering the submissions made by learned Advocate Mr. Kharadi and learned AGP Mr. Akash Chhaya and having regard to the documents on record, it would prima facie appear that the petitioner trust had applied for two different permissions i.e. for a primary unaided English Medium School and a primary unaided Gujarati Medium School, and both the requests were rejected by the District Education Officer and whereas appeals had been preferred before the respondent No.1 herein. It would appear that before the respondent No.1 herein an undertaking had been preferred by the petitioner that the premises of the petitioner would be used in shifts, to run the Gujarati and the English Medium Schools and whereas considering the same, the request for grant of permission of Gujarati Medium School had been accepted. It would also appear that as against the same, though according to learned Advocate Mr. Kharadi, an undertaking had been given, as similar in case of the Gujarati Medium School in case of English Medium School also that the petitioner trust would be using its premises on shift basis to run the Gujarati and the English Medium Schools, yet, such an undertaking had not been considered, rather such an undertaking had not been taken into account and whereas on the ground of the school not having adequate facilities, the appeal has been rejected. Under such circumstances, more particularly since it appears that inadvertently the undertaking has not been considered, ends of justice would be met if the following directions are passed.