VISHAL EDUCATION TRUST Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) The present petition is filed by the Petitioner - Vishal Education Trust under Articles 14, 16 and 226 of the Constitution of India as well as under the Gujarat Secondary Education Act, 1972 read with the Gujarat Secondary and Higher Secondary Education Regulations, 1974 for the prayers as prayed for inter alia that appropriate writ, order or direction may be issued quashing and setting aside the impugned order dated 1.9.2016 passed by the District Education Officer on the grounds stated in the memo of petition.

(2.) Heard learned Advocate Shri R.R.Vakil for the petitioner and learned AGP Ms. Asmita Patel for the Respondent State.

(3.) Learned Advocate Shri R.R.Vakil for the petitioner has referred to the background of the facts and the impugned order and submitted that as per the Resolution of the Trust, Shri Hemant B. Mishra has been appointed as the Managing Trustee and therefore the necessary Resolution is passed and the same is pending for appropriate change in the PTR before the office of the Charity Commissioner. Therefore, learned Advocate Shri Vakil pointedly referred to the Resolution produced at Annexure-E and submitted that the petitioner has not been given the opportunity before passing the impugned order though he was present. He submitted that relying on whatever information was given by the Principal of the school, the order came to be passed. Learned Advocate Shri Vakil referred to the papers and submitted that the order which refers to the strength of the students or the fact that there were only few students is not correct as the school leaving certificates have been issued to many students who have taken admissions elsewhere including the another school in the same campus. He therefore submitted that the impugned order may be quashed and set aside. He also referred to the affidavit-in-reply as well as the Rejoinder filed by the petitioner to support his submission. Learned Advocate Shri Vakil has referred to the provisions of the Gujarat Secondary and Higher Secondary Education Act 1972 and submitted that Section 2(j) defines the 'Manager' and it states: