SHREE ADARSH PRATHAMIK SHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel for the appellant. The appellant - original petitioner in Special Civil Application no.19894 of 2018 has taken-out this Letters Patent Appeal assailing the order and judgment of the learned Single Judge dated 28th January 2019 whereby the learned Single Judge dismissed the petition after recording reasons in detail.

(2.) The facts in brief leading to filing of this appeal devoid of unnecessary details, deserves to be set-out as under :-

(3.) Learned counsel for the appellant invited Court's attention to the grounds taken in the memo of the appeal and submitted that unfortunately, the dire situation, which warranted immediate shifting of the school ought to have appreciated by the authority as well as the Court. The appellant was all along attempting to seek appropriate permission for shifting the school in question. The history of litigation in terms of petitions after petitions and representation would watch for the same and the present petition on which the Court has passed the order, which is the subject matter of the present appeal, is only against the decision rendered by the Competent Authority in not granting approval as sought for. The main ground, which weighed with the Court is the original petitioner's act of shifting the school during the pendency of approval application. But, that being not a grave act and rather warranted only on account of safety and security of the students, therefore, the same ought not to have been held against the original petitioner for declining relief.