SARVODAYA VIKAS MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS petition challenges order dated 18. 12. 2006 made by respondent No. 1 authority granting permission to respondent No. 4-School to commence and conduct additional class of Std. IX w. e. f. June 2005 as a special case.

(2.) HAVING heard the learned advocates appearing for the respective parties the matter is taken up for final hearing and disposal today. RULE. The learned advocate and the learned Additional Government Pleader appearing for the respective respondents are directed to waive service of rule.

(3.) THE brief facts necessary for the present are that : the petitioner, a registered trust, is running a school at Village Nava Rajuvadia, Taluka Rajpipla, Dist. Narmada since 1981. Respondent No. 4-School moved an application seeking permission to start an additional class for Std. IX w. e. f. June 2005. The said application was opposed not only by the petitioner but also by one Shree Indrajeet Vidhyalaya. On 17. 11. 2005 the Commissioner of Midday Meals and Schools, made an order rejecting the application of respondent No. 4-School. The said order was carried in appeal by respondent No. 4-School, but, vide order dated 31. 08. 2006 the State Government upheld the order made by the Commissioner and rejected the application by dismissing the appeal. It appears that respondent No. 4-School moved the State Government invoking powers under Section 126 of the Grant-in-Aid Code vide letter dated 09. 11. 2006. The said application came to be granted vide impugned order dated 18. 12. 2006.