SHRI ZAROLA KELAVANI MANDAL Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) Heard Mr.R.R. Vakil, learned advocate appearing for the petitioner and Ms.Suman Motla, learned A.G.P. appearing for the respondent nos.1 and 2. Mr.S.M. Kikani, learned advocate for Mr.D.H. Bharwad, learned advocate for the respondent no.3 is not present when the matter is taken up for hearing.

(2.) The petitioner herein - Zarola Kelavni Mandal is a registered trust and is running Shri H.J. Parikh and Smt. U.M.H. Patel Secondary School at Zarola, Taluka: Borsad, District: Anand. The petitioner is a president of Zarola Kelavni Mandal.

(3.) Mr.R.R. Vakil, learned advocate appearing for the petitioner submitted that the said order dtd. 16/3/2016 and the consequential order dtd. 13/6/2017 passed by the respondent no.1 are beyond the period of 45 days and are violative of the provisions of Sec. 36(2) of the Gujarat Secondary and Higher Secondary Education Act, 1972 (for short, "the Act"). Mr.Vakil, learned advocate submitted that Sec. 36(2) of the Act provides that the respondent no.1 is required to take a decision as provided under the Sec. wherein, the proposal which is placed before the respondent no.1 is required to be either accepted or declined.