MADRESA E GARIBNAWAZ Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Dave, learned AGP waives service of rule on behalf of respondents No.1 and 3 and Mr.Raval, learned Counsel for Mr.A.D.Oza appears and waives service of rule on behalf of respondent No.2. With the consent of the parties, the matter is taken up for final hearing today.

(2.) The short facts of the case are that the petitioner has applied for registration of the school and the said application of the petitioner was not accepted by the Board. The petitioner carried the matter before the State Government in appeal. Ultimately, the State Government, as per the order dated 18th September, 2003 allowed the appeal and granted permission to open the school. After the aforesaid order was passed by the State Government in appeal, it appears that the respondent Board communicated to the petitioner as per the letter dated 15-4-2004 intimating that the permission granted in pursuance of the order of the State Government is cancelled and it is under these circumstances the petitioner has approached to this Court.

(3.) Mr.Gandhi, learned Counsel for the petitioner submitted that no opportunity of hearing has been given to the petitioner before passing the impugned order. It has been submitted by Mr.Gandhi that as such in exercise of the appellate power the State Government allowed the appeal and granted permission. Thereafter the State Government could not have cancelled the permission, nor the Board could have cancelled the decision without giving opportunity of hearing. Mr.Gandhi also submitted that there are other contentions which may also arise on the question of power of State Government to cancel the decision.