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2019 Supreme(Guj) 40

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
Maa Durga Education Trust - Appellant
Versus
District Education Officer - Respondent
Special Civil Application No. 5170 of 2017, 18920 of 2018, 20432 of 2017
Decided On : 12-02-2019

Advocates Appeared:
R.R. Vakil, Adv., Hardik Soni, Adv., A.D. Oza, Adv.

Headnote:

Constitution of India, Art. 226 – Petitioner trust to run Prabhat Tara Public School in the Hindi medium secondary and higher secondary school without any disturbance – Right to establish Educational Institution – Minority Community – Held, Even if a minority community has the fundamental right to establish and administer educational institution, it has no right to insist upon the State to allow its students to appear at the public examination without recognition or without complying with the conditions prescribed for such recognition – Directions issued – Writ petition dismissed [Para 54, 55]

JUDGMENT :

J.B. PARDIWALA, J.

1. As the issues raised in all the captioned writ applications are interrelated and the parties are also the same, those were heard analogously and are being disposed of by this common judgment and order.

2. The Special Civil Application No.5170 of 2017 was filed first in point of time with the following prayers;

"(A) Be pleased to admit this Special Civil Application.

(B) Be pleased to issue a writ of mandamus and/or certiorari or any other appropriate writ, order or direction by quashing and setting aside the order dated 17.10.2016 passed by respondent No.2 and the order dated 06.02.2017 passed by respondent No.4 and further be pleased to direct respondents to allow the petitioner trust to run Prabhat Tara Public School in the Hindi medium secondary and higher secondary school without any disturbance.

(BB) Be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction by quashing and setting aside the order dated 04.09.2017 passed by the respondent No.2 and further be pleased to direct respondents to allow the petitioner-trust to run Prabhat Tara Public School (Hindi Medium) secondary and higher secondary without any disturbance.

(C) Pending admission, hearing and final disposal of this petition, the Hon'ble Court may be pleased to stay further implementation, execution, operation and enforcement of the order dated 17.10.2016 passed by respondent No.2 and the order dated 06.02.2017 passed by respondent No.4.

(CC) Pending admission, hearing and final disposal of this petition, be pleased to stay further implementation, operation, execution and enforcement of the order dated 04.09.2017 passed by respondent No.2.

(D) Be pleased to pass such other and further orders as may be deemed just and proper looking to the facts and circumstances of the case and in the interest of justice."

3. Thereafter, the writ applicant preferred the Special Civil Application No.20432 of 2017 with the following prayers;

"(A) Be pleased to admit this Special Civil Application;

(B) Be pleased to issue a writ of mandamus and/or certiorari or any other appropriate writ, order or direction by directing the respondents to allow the petitioner-trust to fill in the forms of 36 students of Std.10 and 22 students of Std.12 of Prabhat Tara Public School through nearby school/s for appearing in board examination which is going to be conducted in March, 2018.

(C) Pending admission, hearing and final disposal of this petition, the Hon'ble Court may be pleased to direct the respondents to allow the petitioner-trust to fill in the forms of 36 students of Std.10 and 22 students of Std.12 of Prabhat Tara Public School through nearby school/s for appearing in board examination which is going to be conducted in March, 2018.

(D) Be pleased to pass such other and further orders as may be deemed just and proper looking to the facts and circumstances of the case and in the interest of justice."

4. In the last, the Special Civil Application No.18920 of 2018 came to be filed with the following prayers;

"(A) Your Lordships may be pleased to admit and allow the present petition.

(B) Your Lordships may be pleased to pass appropriate writ in the nature of mandamus certiorari or any other appropriate writ, order, relief, direction directing the respondents to permit the petitioner to fill the examination form of 54 students studying 10th and 12th Std who are eligible forth coming examination going to be held in March, 2019 from the school of the petitioner as all the schools of Surat refused to fill the form of the students of the petitioner.

(C) Any other appropriate relief may be granted as deem fit by this Hon'ble Court in the interest of justice."

5. For the sake of convenience, the Special Civil Application No.5170 of 2017 is treated as the lead matter.

6. The writ applicant is a Public Charitable Trust registered under the Bombay Public Trusts Act, 1950 bearing the Registration No.24687-E-4078, Surat. The trust came to be registered on









































































































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