( 1 ) THE petitioner is an unregistered Association, working in the field of education. It is alleged that very eminent persons are members of this Body. The petitioner-Association is taking several steps to spread the education among all sections of the society, especially the poor and deprived sections and is also taking steps to maintain and improve the standards of education. Municipal School No. 20 at Mithakhali was established about 40 years back. At the relevant time, there were about 300 students in Classes 1 to 7. The Ahmedabad Municipal Corporation decided to shift School No. 20 to another building nearby. According to the petitioner, this is a colourable exercise of power and it is violative of the right to education of the students, who are studying in the school. The petitioner alleges that the Municipal Corporation is going in to part with the school building, which is worth about three to four crores of rupees, to the 4th respondent, which is a private trust. The petitioner challenges the shifting of the school on various grounds and it is prayed that the Corporation may be directed to suspend the decision to shift the present Municipal School No. 20 to another building and that the Corporation may be directed to continue the Municipal School No. 20 along with the students and teachers in the same building, which has been working since long and that the Corporation may be restrained from allowing the 4th respondent to occupy the land, building and premises of the Municipal School No. 20 and that the Corporation may be directed to take back possession.

( 2 ) IT is alleged that the decision of the Corporation to close Municipal School No. 20 and to shift the same to another building and to start another educational institution from K. G. to 12th Standard is absolutely irrational, arbitrary and unreasonable and it is violative of Arts. 14, 19 (1) and 21 of the Constitution. It is alleged that the Corporation is bound to carry out the duties imposed under the bombay Primary Education Act, 1947. The land, building and premises of the municipal School No. 20 vest in the Corporation as a Trustee of the residents of the people of Ahmedabad and the Corporation cannot create an independent Trust for the purpose of starting International Education and Research Foundation. It is submitted that the decision of the Corporation to lease the land, building and premises of the Municipal School No. 20 for a token rent of Rs. 101/- per year for a period of 30 years is illegal and arbitrary and in clear violation of Clause (d) of Sec. 79 of the Bombay Provincial Municipal Corporations Act. According to the petitioner, this amounts to privatisation of public resources and the Corporation has no authority to transfer the properties to a private trust. Therefore, it is prayed that the Corporation be restrained from handing over the property to the 4th respondent and the Municipal School No. 20 be allowed to continue at the same premises.

( 3 ) ON behalf of the 2nd respondent, an affidavit-in-reply is filed, wherein allegations contained in the Special Civil Application are denied. It is submitted that School No. 20 is not closed. All the students, who are studying in School No. 20 are shifted to School No. 4. The Municipal School Board intends to start a school of international standard. School will be equipped with totally different methods of teaching, with the aid of a French organisation. The 4th respondent, Ideal foundation, is going to bring in the infrastructure within a short time. The project will cater to the overall need in the field of education. The shifting of the school was challenged in Special Civil Application No. 7527 of 1997 and a Commissioner was appointed to give a report regarding the feasibility of shifting the school to the new premises. Various orders were passed in that Special Civil Application, but no interim order was passed against the shifting. The present petition is another attem