Point of law : when any statutory provision provides a particular manner for doing a particular act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act.

JUDGMENT :

BHARGAV D. KARIA

1. Heard learned advocate Mr. M.A. Parekh for the petitioner, learned advocate Mr. A.D. Oza for respondent no.2 and learned Assistant Government Pleader Ms. Asmita V. Patel for the respondent-State.

2. By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs :

“(A) Admit/allow the present writ petition, in the interest of justice;

(B) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and be ordered to Quash & Set aside the Impugned Order (as per Ann. E) passed by the Resp. No. 1 In Appeal U/s 31(10)F of the Gujarat Higher Secondary Act, forthwith, in the interest of justice;

(C) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and be ordered to Quash & Set aside the Impugned Order (as per Ann. D) regarding De-Recognized of Grant dt. 29.9.2018, forthwith & further be declared as it is null & void, in the interest of justice;

(D) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and directing the Respondents, herein, to make a Fresh Personal Visit to the petitioner's High School Viz. Saraswati High School on Working Days and then a make unbiased Report, in context of, Students’ future, forthwith, in the interest of justice;

(E) Be pleased to issue a writ of mandamus or a writ of certiorari or any appropriate writ, order or direction and directing the Resp. No. 3 to submit their Fresh Report about the management of the petitioner's High School, Saraswati High School, forthwith, in the interest of justice;

(F) Pending, admission and final disposal of the present petition be pleased to direct Resp. No. 1 the Secretary of Secondary & Higher Secondary Education that NOT to Operate or Implement or Start Any Proceeding against the petitioner’s High School Viz. Saraswati High School, Gadia over the Impugned orders At Ann. E & Ann. D, forthwith, in the interest of justice:

(G) Pending, admission and final disposal of the present petition be pleased to direct Resp. No. 1 the Secretary of Secondary & Higher Secondary Education that to Release & Allocate 100% Grant to the petitioner’s Trust, forthwith, so that the petitioner's trust can maintain the said School properly in all respect, in the interest of justice;

(H) Any other and further relief/s may kindly be granted in the interest of justice:”

3. Brief facts of the case are that the petitioner is a public charitable trust registered under the provisions of the Bombay Public Trust Act, 1950.

3.1) The petitioner-trust applied for registration to open the high school in the tribal area with Respondent no.2 Gujarat Secondary & Higher Secondary Education Board and such permission was granted vide order dated 18th July, 1995 under the provisions of Gujarat Secondary and Higher Secondary Education Act, 1972 (For short “Act, 1972”) read with the Gujarat Secondary Education Rules, 1973 (For short “Rules 1973”) framed thereunder.

3.2) Respondent no.4 District Education Officer vide letter dated 4th August, 2018 recommended to close down the high school of the petitioner-trust on the basis of various irregularities stated therein.

3.3) The petitioner-trust was suppose to take action against the Principal of the school with regard to the complaint of sexual harassment made by one Smt. Kailashben Ambalal Prajapati in the year 2016. The petitioner-trust accordingly issued notice to the Principal to initiate action under Rule 36(1) of Rules 1973. This fact is also disclosed by the petitioner in the affidavit in reply filed by the petitioner-trust in Special Civil Application No. 7334/2016 filed by Smt. Kailashben A. Prajapati.

3.4) The petitioner-trust also filed reply giving explanation to various irregularities mentioned in communication dated 4th August, 2018 whereby recommendation was made by respondent no.2 Board to respondent no.1 to close down Saraswati