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1981 Supreme(Guj) 86

B.K.MEHTA
SARVODAY KELAVANI MANDAL – Appellant
Versus
GUJARAT SECONDARY EDUCATION BOARD – Respondent


Advocates Appeared: C.K.TAKVANI, J.A.SHELAT, K.G.VAKHARIA, M.D.PANDYA

B. K. MEHTA, J.

( 1 ) AN unfortunate and unseemly controversy is raised by this petition purported to have been made under Art. 226 of the Constitution by the petitioner-trust which runs and manage a Higher Secondary School known as Shree Nutan Vidyalaya at village Bhalak in Visnagar taluka of Mehsana district. It is an admitted position that village Bhalak has a population of about 5000 persons. There is a small hamlet of Laxmipura near village Bhalak though the former is not a revenue village. The students aspiring to prosecute studies in higher secondary schools from Laxmipura were going to Bhalak where again it is an admitted position that there are four higher secondary schools. The controversy reflected in this petition has arisen because one another Trust which is respondent no. 4 before me was running and managing one primary school at village Laxmipura and in order to facilitate the students of said primary school in prosecuting their further education in secondary school decided to start Standard VIII which is part of secondary education in school known as Shree Ratnakar Vidyalaya Laxmipura. In order to establish a secondary school the Trust has to obtain registration unde






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