NISHA EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition,the petitioner trust running a Secondary School for Girls has challenged the decision of the State Government in not granting the facility of grant in aid. It is prayed that suitable directions be given providing such facilities to the petitioner with effect from June, 1999.

(2.) IT may be noted that though initially the respondents had not granted any permission whatsoever to the petitioner to start such a school subsequently by an order dated 24th January, 1999, such permission was granted which permitted the petitioner to start the school with retrospective effect from June, 1998. However, this order was conditional on petitioner not seeking any grant from the Government. Grievance of the petitioner is that the petitioner trust runs a Secondary Girls school for which grant is necessary and the petitioner is entitled to seek such grant as per the then prevailing Government policy. It is stated that though the petitioner accepted the permission granted by the Government to start such a school without any aid and has been running such a school since then, the petitioner cannot be discriminated regarding the question of giving grant in aid facility.

(3.) ON the other hand, learned AGP Shri Jaswant Shah appearing for the State Government and learned advocate Shri Arun Oza appearing for the Secondary Board opposed the petition and submitted that the petitioner once having accepted the order of the Government permitting the petitioner to start the School without grant in aid facility, at this stage, now cannot insist that grant must be released.