SHARDA EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner is the Managing Trustee of a registered public trust (Sharda Education Trust) the object of which is to promote educational activities. On or about January 21 1974 the trust in question took over the management of a primary school known as Sardar Vidya Vihar from another public trust with all rights and liabilities. The name of the school was then changed and it was renamed as Sharda Vidyalaya.

(2.) The public trust from which the management of the primary school in question was taken over had made an application to the District Education Officers Ahmedabad on November 28 1973 for starting a second- ary school (standards VIII and IX). After the Sharda Education Trust took over the management it pursued the said application On January 21 1974 the District Education Officer Ahmedabad informed the petitioner that the application for starting a secondary school was filed as no permis- sion to start a new secondary school was to be given for the time being. The petitioner thereafter wrote several-letters to the authorities to recon- sider the matter but none of them evoked any response. At the commence- ment of the new academic year the Sharda Education Trust started classes for standard VllI. In July 1974 the District Education Officer Ahmedabad inspected the school. In the meantime the Gujarat Secondary Education Act 1972 (hereinafter referred to as the Act ) came into force. The petitioner made an application on August 7 1974 for registration of the secondary school with effect from June 1974 to the Gujarat Secondary Educa- tion Board (hereinafter referred to as the Board ) and paid the prescribed fees. On August 19 1974 the petitioner was informed by the Board that the application for registration was rejected on the grounds mentioned therein. In all four grounds were set out for the refusal of registration The petitioner feeling aggrieved by the order of the Board preferred an appeal to the State Government under sec. 31(10) of the Act. Several grounds were set out in the appeal memo dated October 5 1974 in support of the challenge to the order refusing registration. By a commu- nication dated November 2 1974 signed by the Section Officer Education and Labour Department Government of Gujarat the petitioner was infor- med that the Government saw no cogent reason to modify the impugned order passed by the Board and that the appeal was therefore dismissed. The present petition is directed against the said decision of the State Government.

(3.) The impugned order is assailed on behalf of the petitioner on several grounds. It is however not necessary to refer to and deal with all the grounds because the impugned decision is liable to be quashed and set aside on account of two glaring defects. The first defect is that the appellate order is not a speaking order and the second defect is that in reaching its decision the appellate authority has relied upon some material which does not appear to have been disclosed to the petitioner. I shall presently deal with these points in detail. Before I do so however I might make a brief reference to the provisions governing grant or withdrawal of recognition to secondary schools and the background against which their enactment and implementation should be viewed.