SAMI KALAVNI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner with a prayer to issue a writ of mandamus or any other appropriate writ or order declaring that the communication dated 7-11-1998 of the respondent No.2 whereby the application of the petitioner dated 18-8-1999 was rejected, as well as the communication dated 13-10-1999 of the respondents No.1 and 3 whereby the representation of the petitioner has been rejected, is illegal, ultra vires and bad in law. It is further prayed that the respondents No.1 and 2 be directed to consider the application of the petitioner dated 18-8-1999 as an exceptional case and grant the prayer for revival and change of the Uttar Buniyadi School from village Ved to Sami village, as prayed for by the petitioner.

(2.) Rule was issued by this Court on 5.7.2000. With the consent of the learned counsel for the parties, the matter is being heard and finally decided today.

(3.) Briefly stated, the facts emerging from the averments made in the writ petition are that the petitioner Trust i.e. Shri Sami Kelvani Mandal is a Registered Public Trust, which was established in the year 1956. A Secondary School was started by the petitioner at village Sami for the purpose of imparting education to Girls and for the development of the backward people of the area. It is averred that for reasons beyond the control of the petitioner-Trust and due to the communally sensitive conditions prevailing in the area at that point of time, the Secondary School started by the petitioner Trust had to be closed down with effect from 20.7.1995. After closure of the said School, the Government handed it over to another Trust, to be run and managed.