SARVAJANIK KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader appearing for the respondents is directed to waive service. The petition is taken up for final hearing and disposal today.

(2.) The petitioner-Trust is running a school in the name of Shree Unnati Vidhyalaya, Vadodara. On 17.09.2006 the petitioner-Trust passed a resolution that five classes, one each of standards 8 to 12, be reduced considering the reduced strength of the students. On the basis of the said resolution on 22.09.2006 a request was made to the respondent authority to permit reduction and closure of such classes. Thereafter various hearings took place before the respondent authority. Vide impugned order dated 30.10.2006 made by respondent No.2-District Education Officer, the said authority has declared closure of the school w.e.f. October 2006. Consequential order of declaring 16 teachers as well as non-teaching staff being surplus has also been made. It is this decision which is under challenge.

(3.) The grievance made by the petitioner is that the impugned order dated 30.10.2006 could not have been made by respondent No.2 as the powers to withdraw the registration of a secondary school vests in the Secondary Education Board as provided by Section 17(18) of the Gujarat Secondary Education Act, 1972 (the Act), after following the prescribed procedure.