KANJETA VIBHAG YUVAK MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE short facts of the case appears to be that the petitioner No. 1 is a Trust which was granted permission to start the school of Higher Secondary in the academic year of 2001-2002. At the time when the permission was granted to the petitioners, the same was with the condition that no grant shall be made admissible and the school shall be non-grantable. It appears that thereafter, the petitioners moved the Government for providing the facility of the grant and at that stage, when the decision was yet to be taken, the petitioners apprehended that the Government shall not provide the grant to the petitioners on account of the political vendata, as mentioned in the petition, hence the petitioners have approached to this Court for the relief inter alia to direct the respondents to provide grant to the school of the petitioners. The petitioners in the petition has pointed out certain instances of various other schools viz. (1) Shri Jay Yogeshwar Vidhya Mandir, Mander, Tal. Limkheda, Dist. Dahod (2) Gujarat Rajya Ram Nivasi Seva Yuvak Mandal, Dasa Sanchalit Shri Ratnekuvar Vidhyala, Kesarpur, Tal. Limkheda, Dist. Dahod (3) Jambusar Vibhag Yuvak Mandal, Jambusar, Tal. Devgadhbariya Sanchalit Jay Kisan Ucchtar Madhyamik Shala, Jambusar, Tal. Devdist. Dahod (4) Adivasi Yuvak Seva Sangh, Chitrodiya Sanchalit Shri Gayatri Madhyamik Shala, Dist. Dahod. (5) Gujarat Rajya Akhil Gram Vikas Mandal, Dasa, Tal. Limkheda Sanchalit Sardar Patel Vidhyalaya, Nanaambaliya, Tal Limkheda, Dist. Dahod, and it is the case of the petitioners that all such schools are granted permission to start the school on non-grant basis and subsequently, vide order order dated 13. 05. 2005, copies whereof are produced from page 45-51, the State Government has provided grant facility to such schools which were political sympathiser, whereas, the school of the petitioner has not been provided grant facility and therefore, the present petition.

(2.) HEARD Mr. D. P. Buch for Mr. Nanavati, Mr. Shukla , learned AGP for the State Government and State Authorities, Mr. Oza for the respondent No. 3 Board and Ms. Vyas has filed her appearance for respondent Nos. 4 and 5.

(3.) IT appears from the affidavit-in-reply filed by SM Gamit, Under Secretary, Education Department, that instead of meeting with the ground of discrimination as alleged in the petition, the affidavit-in-reply has been filed by showing that the declaration was submitted by the petitioners at the time when the permission was granted not to claim the grant and the Judgement of this Court wherein the view taken is that, if declaration was given for not to claim the grant, it is not open to the School concerned or its management to claim the grant at the later stage, are not relied upon.