NUTAN KELVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) SCA No. 6548 of 1992 is preferred by the school for challenging the resolution No. 225 of 1992 of the Board for cancellation of the registration. The principal grievance in the present petition is that board has exercised the power on the ground, which was not part of the show-cause notice namely, of the District Court Bhavnagar, granted stay order in the litigation between landlord and the school management. Therefore, registration has been cancelled. This Court when considered the matter for first time, had granted interim relief staying the operation and implementation of the decision of the board. Hence, impugned order has not been implemented, so far as it relates to the aforesaid exercise of the power by board for de-recognising the school, in purported exercise of the power under Section 31 (9) of the Gujarat Secondary Education Act 1972 (hereinafter referred as to the 'act' ).

(2.) IT appears that pending the petition, the school management wanted to shift the school premises on the ground that building was in dilapidated condition, and it is the case of the petitioner that on account of the emergent situation which arose in the earthquake in the year 2001, it had to shift the premises, anticipating permission to be granted by the board. Thereafter, the permission to shift premises was not granted and this Court vide order dated 20. 3. 2002 in SCA No. 4562 of 2000 had observed as under:

(3.) IT was also further observed as under: