JANTA EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners have preferred the petition for the relief inter alia to declare that the tribunal constituted under Section 39 of the Gujarat Secondary Education Act 1972 (hereinafter referred as to the 'act') has no jurisdiction or authority to decide the question about the status of an educational institution being a linguistic or religious minority. It is also prayed by the petitioners to declare that Section 38 of the Act, does not apply to the institution established and administered on linguistic and religious minority. The petitioners have also prayed to direct the writ of prohibition against Gujarat Secondary Education Tribunal from assuming jurisdiction to decide the question as to whether the petitioner No. 1 is a linguistic minority or not and it is prayed that the tribunal be restrained from the proceedings further with the hearing of the application No. 733 of 1988.

(2.) IT appears that when the petition was initially taken up for hearing on 19. 10. 1989, Notice was issued, and the ad-interim relief was granted staying the further proceedings before the Secondary Education Tribunal. Thereafter, ad-interim relief came to be continued from time to time but on 3o. 7. 1990 this Court passed the following order:

(3.) THEREFORE, interim stay against the proceedings of application No. 933 of 1988 came to be vacated in the year 1990.