NACHETAN EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule, Miss Harsha Devani, learned Asstt. Govt. Pleader, waives service of notice of rule for the respondents.

(2.) The petitioner trust is running a secondary school and it is receiving grant of 100%. The teachers working in the school are under direct payment scheme of the Government. The school applied for permission for opening the Vocational Higher Secondary Stream which has been sanctioned by respondent no. 2/09/1993 and the permission was also granted for Std. XII in Higher Secondary Vocational Stream on 9-7-1991. However, the institution has not been granted aid on the ground that they have not completed five years from the date of starting the classes of Std. XII. Mr. Rao, learned Advocate for the petitioner submits that this Court in Special Civil Application No. 7244/89 has interpreted the Resolution of the Government and has taken the view that five years is to be computed from the date of starting higher secondary school and not from starting the classes.

(3.) Mr. B.T. Purohit, E.I. Dist. Education Officer, has filed the affidavit on behalf of the respondent State, stating that the Resolution dated 7-5-1988 has been clarified by the Resolution dated 3-7-1995. The clarification has been made to the effect that any school, which conducts the classes for Std. XI and/or XII for particular stream and if that school is registered for that stream only and if later on the other school desire to start the classes for other streams then it has to obtain registration in that regard and therefore they are to be considered as new schools for the purpose of grant/deposit.