JUDGMENT

V.S. Sirpurkar, J.—

1. In these appeals, the challenge is to the orders of the Division Bench of the High Court dated 30.9.2003 and 7.4.2003 dismissing the Letter Patent Appeal Nos. 529 of 2003 and 1183 of 2002 filed by the appellant herein.

2. The appellant herein is a minority institution and that is an admitted fact. It challenged the order dated 12/13.8.2002 on the ground that the said order is violative of the provisions of Articles 14,29 and 30 of the Constitution of India and is also violative of Section 40A of the Gujarat Secondary Education Act, 1972. By that order, the District Education Officer, Bharuch District, Bharuch had refused the permission to admit the selected candidate in direct pay scheme for the purpose of grant. It so happened that the appellant selected few candidates and sought a relief that their salaries should be paid as the institution was admitted to 100% grant. The appellant admittedly had not intimated the Department before making the selection and proceeded to select the candidates without scrutiny of the Education Department. This order was challenged before the learned Single Judge.

3. Learned Single Judge, by orders dated 18.9.2002 &