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2005 Supreme(Guj) 167

D.H.WAGHELA, M.S.SHAH
SHISHU JYOT KALYAN AND KELAVANI TRUST – Appellant
Versus
GUJARAT SECONDARY EDUCATION BOARD – Respondent


( 1 ) THIS petition was initially heard by a learned single Judge, but by order dated 5. 3. 2003, the learned single Judge expressed the opinion that in view of various decisions of the Apex Court on the question of permitting or not permitting the students to appear at the public examination when the institution (where the students have been imparted instructions) is unregistered or unrecognized by the public examination body like university or Secondary Education board, the matter was required to be heard by a Larger Bench. Since the entire petition has been placed before us alongwith the interlocutory applications, after having heard the learned counsel for the parties, we proceed to decide the petition and the interlocutory applications.

( 2 ) THE facts leading to institution of these proceedings, briefly stated, are as under :- 2. 1 petitioner No. 1-Shishu Jyot Kalyan and Kelavani trust and its Managing Trustee (hereinafter referred to as "the petitioners"), have filed the present petition. The petitioner-trust runs the following institutions :- medium standard Since (I) rachna Primary gujarati i to VIII june 1991 school (II) rachna Secondary gujarati viii to X june 1995 schoo































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