GUJAAT SECONDARY EDUCATION Vs. MINOR SOLANKI SANDEEPSINH CHANDRASINH

JUDGEMENT

(1.) 1. This Letters Patent Appeal is directed against interlocutory order dated 12. 3. 1998 of the learned Single Judge directing the appellant herein to accept forms of the petitioner - students of Hardik Vidyalaya (who are respondent Nos. 1 to 40 herein) through any other recognized school.

(2.) THE above order was passed by the learned Single Judge in Special Civil Application No. 1894 of 1998 filed by the 40 students in view of the fact that Hardik Vidyalaya where they were studying in the Standard X was not recognized by the appellant - Board and, therefore, the students were not permitted to appear at the Std. X examination which was to be conducted by the appellant - Board in March 1998. Aggrieved by the above interim order dated 12. 3. 1998, the appellant moved this Letters Patent Appeal, which was admitted, and on 31. 3. 1998, this Court granted interim stay against declaration of the result.

(3.) WHEN the appeal reached hearing on 18. 9. 2008, the learned counsel for respondent Nos. 1 to 40 sought time to seek instructions whether the students were still interested in the appeal being heard on merits.