Point of Law: As per the provisions of Section 31 of the Act of 1972, a school is required to get itself registered for imparting secondary and higher secondary education. Sub-Section (2) to (5) of Section 31 of the Act of 1972 refers to the procedure for registration of school. Sub-Section (6) of Section 31 of the Act of 1972 stipulates and empowers the Gujarat Secondary Education Board- respondent no.2 to consider and make an inquiry in respect of every application in respect of registration in the manner prescribed within three months from the date of receipt of such application.

JUDGMENT :

1. Heard, learned Senior Advocate Mr. Percy Kavina assisted by learned Advocate Mr. Nikunt Raval, learned AGP Mr. Dhawan Jayswal for Respondent Nos. 1 and 7, learned Senior Advocate Mr. Sudhir I. Nanavati assisted by learned Advocate Mr. P.B. Raval for Respondent Nos. 3 to 6 and learned Advocate Mr. A.D. Oza for Respondent No.2.

2. Rule. Learned AGP Mr. Jayswal waives service of rule for Respondent Nos. 1 and 7, learned Advocate Mr. Raval waives for Respondent Nos. 3 to 6 and learned Advocate Mr. Oza waives for Respondent No.2.

3. By this petition under Articles 226 and 227 of the Constitution of India, the Petitioner- Trust has prayed for the following reliefs;

“8. …

(A) The Hon’ble Court be pleased to issue appropriate writ, order or direction, quashing and setting aside the order impugned dated 29.02.2020;

(AA) Be pleased to issue appropriate writ, order or direction quashing and setting aside order dated 17.03.2020 and consequently quashing and setting aside the directions issued thereto;

(B) Pending hearing and final disposal of the present petition, be pleased to stay the operation, implementation of the order impugned dated 29.02.2020;

(C) The Hon’ble Court may be pleased to grant ex-parte ad interim relief in terms of Para (A) and (B) above;

(D) …”

4. The petitioner-Trust is running a school in the name and style of Darshan Secondary and Higher Secondary School on the Plot No. 288, Survey No. 303-A / Block No. J.

4.1 The petitioner filed an application in the year 2012 seeking regularziation of the construction plan of the school on the property of the Petitioner-Trust before the Verabal Nagar Palika under the provisions of the Gujarat Regularization of the Unauthorized Development Act, 2011(GRUDA).

4.2 It is the case of the petitioner-Trust that on 30th May, 2014 an FIR came to be filed against the trustee of the school by the Nagar Palika on the ground that the school had obtained registration on the basis of falsified record. However, the Trustee has expired on 3rd June, 2014.

4.3 Thereafter, it appears that there is pending litigation between the petitioners and respondent nos. 5 and 6 as the Respondent Nos. 5 and 6 have preferred Special Civil Application No. 9595 of 2017 whereas Petitioners have filed Special Civil Application Nos. 6804 & 6805 of 2016.

4.4 During the pendency of the aforesaid petitions filed by the petitioners, a complaint was made before the District Education Officer(DEO) by Respondent Nos. 3 to 6 and DEO in turn made a recommendation to Respondent No.2- Board to cancel the recognition of the school run by the Petitioner-Trust. The petitioner-Trust therefore filed an appeal on 3rd November, 2015 before Respondent No.1, who by order dated 5th April, 2016 remanded the issue for fresh consideration to Respondent No.2-Board.

4.5 Respondent Nos. 5 and 6 made an application before Respondent No.2-Board which was rejected by it vide order dated 21st May, 2016 on the ground that as the petitioners have challenged the proceedings with regard to regularization of its building plans before this Court by filing of Special Civil Application Nos. 6804 & 6805 of 2016 till such petitions are disposed of the decision on the complaint filed by Respondent Nos. 5 and 6 is deferred.

4.6 It may be noted that the school run by the Petitioner-Trust was permitted to run from June, 2016.

4.7 Being aggrieved by the same Respondent Nos. 5 and 6 preferred Special Civil Application NO. 9595 of 2017, which is pending for consideration before this Court.

4.8 It appears that during the pendency of the proceedings before this Court, i.e. Special Civil Application No. 9595 of 2017 and Special Civil Application Nos. 6804 and 6805 of 2016, Respondent Nos. 3 to 6 made another application before Respondent No.2-Board requesting action to be undertaken against the petitioner-Trust. However, the said application was not entertained by Respondent No.2-Board in view of the pendency of the litigations before this Court and by order dated 6th Ma