LAWS(GJH)-2023-6-2013

KALOL KELAVANI PRACHARAK MANDAL Vs. STATE OF GUJARAT

Decided On June 23, 2023
Kalol Kelavani Pracharak Mandal Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has sought for the following prayers: -

(2.) The primary grievance as raised by the petitioner in the petition is a show-cause notice issued by the Deputy Director of Education Department (Secondary) dtd. 6/6/2023, more particularly, calling upon the petitioner to show cause as to why the management of the school should not be taken over or there should not be 100% grant cut imposed upon the school. Though submissions have been made by both learned advocate Mr. Dave, learned advocate for petitioner and Ms. Bhatt, learned Assistant Government Pleader, on a broad consensus arrived, more particular, whereby it has been stated that the petitioner would be given opportunity of hearing, the present petition could be disposed of by appropriate directions.

(3.) At this stage, it is also relevant to mention that insofar as the aspect of taking over the management of the school is concerned, it would appear that the proposal had emanated from the District Education Officer, Panchmahal and whereas upon the recommendation by the DEO, the show-cause notice dtd. 6/6/2023 had been issued by the Deputy Director of Education Department (Secondary). This Court has considered the submission made by learned Assistant Government Pleader, upon instructions of one Mr. Bhadrasingh Vaghela, Assistant Director in the office of respondent No.2, inter alia, that while it is true that the scheme of the Gujarat Secondary and Higher Secondary Education, more particularly, sec. 33 of the act thereof, inter alia, envisages that taking over of the management of registered school requires subjective satisfaction by State Government, yet, as per the procedure, which is followed, the DEO, upon coming to a prima facie conclusion that the school is not acting as per the scheme of the act and the rules and whereas if some serious negligence has been committed by the school management then after giving appropriate opportunity to the school management, a proposal is sent to the respondent No. 2-Commissioner of Schools and whereas the respondent No.2 after considering such proposal, would independently applied his mind to the proposal and would forward the proposal with his recommendations to the Secretary, Education Department, who again would give opportunity of hearing to the school management concerned before taking a final decision.