VARAHI KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

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

(2.) The petitioner was granted permission to commence 5th additional division in Standard VIII on 05.01.2006 subject to various conditions. On 11.11.2006, it appears that a surprise visit was undertaken by the respondent authority and, according to the petitioners, against total strength of 1149 students present on the said day 99 were found absent. In so far as VIIIth Standard is concerned, 372 students were present against which 31 were found absent. On 11.12.2006 the application moved by the petitioners for additional division of Standard VIII was rejected on the grounds that (i) during surprise inspection the absentee students were proportionately more; and (ii) the lease agreement for playground was only of duration of one year. The petitioners, therefore, carried the matter in appeal. Vide order dated 25.05.2007 the appellate authority has dismissed the appeal by merely stating that at the time of hearing the submissions made on behalf of the petitioner-Trust did not give any reason for the absence of the students nor are leave reports of the students produced and the oral submission regarding difficulty of transportation is not accepted. The appellate authority had, therefore, confirmed the order made by the Commissioner on 11.12.2006.

(3.) Heard Mr.Hriday Buch, learned advocate for the petitioners, and Mr.Shivang Shukla, learned Assistant Government Pleader appearing on behalf of the respondent Nos.1 and 2.