GNANGANGA EDUCATION SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned senior advocate Mr.Sudhir Nanavati assisted by learned advocate Mr.Saurin Mehta for learned advocate Ms.Anuja Nanavati for the petitioners and learned Assistant Government Pleader Mr.Manan Mehta for the respondent authorities.

(2.) The petitioners have prayed to quash notice dated 01st December, 2016. Further prayed to quash order of even date passed by respondent No.2-District Education Officer, Rajkot.

(3.) The petitioner No.1-Gnanganga Education Society, registered under the provisions of the Societies Act, 1860 in the year 2002, runs petitioner No.2 - Shree K.G. Dholakiya School. It is the case of the petitioners that upto 5th standard recognition was issued under Rule 13(8) of the Right to Education (Gujarat) Rules from the office of the Director of Primary Education. The petitioner No.2 school was granted registration from June, 2012. It is the further case that affiliation from CBSE was already applied and that in view of Rule 3 as amended on 08th July, 2013 in Chapter II of the CBSE Affiliation Laws, petitioner school was merely required to intimate State Education Department for seeking affiliation. It was further averred that the Affiliation Committee of the CBSE submitted Inspection Report after undertaking inspection of the school on 20th October, 2016 and recommended grant of affiliation for secondary level on certain conditions regarding laboratory, teachers and library books. It was stated that the report was awaited for the final decision and pending such process, the impugned notice and decision dated 01st December, 2016 came to be issued.