SUBHANKAR BASU Vs. EXECUTIVE SECRETARY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant, who happens to be the applicant in Application No.14 of 2011 before the Gujarat Secondary Education Tribunal, Ahmedabad and whose application came to be rejected on account of Tribunal's findings qua lack of jurisdiction as the applicant happens to be teacher in a school affiliated to CBSC, has taken out this Letters Patent Appeal challenging the judgment and order of learned Single Judge dated 1.08.2012 in the proceedings of Special Civil Application No.5120 of 2011 where­under, the judgment and order of tribunal dated 21.03.2011 was challenged. The learned Single Judge has relied upon the provisions of Section 31(1) of Gujarat Secondary and Higher Secondary Education Act 1972, Section 38 and Section (2)(o) of the Act to hold that the Tribunal's order was call for any interference as it was correctly passed and there is no jurisdiction in the Tribunal.

(3.) Sections 31, 38 and Section (2)(o) which have been reproduced as under:­ "31. Prohibition against imparting of secondary education [and higher secondary education] without registration. ­