Heard learned advocates appearing on behalf of respective parties.
This petition is preferred by petitioner challenging the order passed by Gujarat Secondary and Higher Secondary Education Board, Gandhinagar dated 21st July 2010.
Before that, petition was preferred before this Court by petitioner being Special Civil Application No.7541 of 2010, wherein, this Court has passed an order on 1st July 2010, Page 19 and 20, which is quoted as under :
1. Heard learned advocate Mr.Bipin P. Jasani on behalf of petitioner and learned A.G.P. Ms.Jirga Jhaveri. Petitioner has made detailed representation to respondent No.1 and 2 on 16.06.2010 and it has not been answered by respondents.
2. Therefore, in light of these facts, it is directed to respondent No.1 and 2 to decide representation, made by petitioner dated 16.06.2010 and examine the grievance raised by petitioner and to pass appropriate reasoned order in accordance with law within a period of 2(Two) weeks from the date of receiving a copy of this order.
3. In view of above observations and directions, this petition is disposed of without expressing any opinion on merits. If representation is rejected, it is open for the petitioner to approach appropriate forum.
Direct service is permitted.
In pursuance to aforesaid order, Gujarat Secondary and Higher Secondary Education Board has passed aforesaid order dated 21st July 2010.
Learned advocate Mr. Jasani raised contention that reasons for rejecting representation made by petitioner dated 16th June 2010 are vague and not according to Regulation of Gujarat Secondary and Higher Secondary Education Board. He submitted that in advertisement, Page 23, no conditions or terms have been notified by Board. Simply application is to be made in response to advertisement made by concerned school authority. Therefore, he submitted that reason which has been given in order issued by Board dated 21st July 2010, Item No.1 is itself is vague and contrary to advertisement, because, as per advertisement, no condition is incorporated or notified. He submitted that in respect to reason No.3, after giving permission to respondent school, there is no unhealthy competition is to be arisen, for that, he submitted that Regulation 16 is required to be considered by Board before passing or before taking any decision. He submitted that Regulation 16 has been totally ignored by respondent Board while passing order dated 21st July 2010, therefore, he submitted that apparently, Gujarat Secondary and Higher Secondary Education Board has not applied its mind properly and vague reason has been given for rejecting representation made by petitioner dated 16th June 2010. He submitted that factually, there is only 50 meters distance between petitioner's school and respondent's school, so, it may happen that students may get admission/transfer in new school and it may adversely affect the petitioner.
Learned AGP Ms. Jhaveri submitted that at Page 23, there are conditions incorporated in advertisement and it requires to be fulfilled by petitioner school authority when application is made, but, it has not been annexed by petitioner.
I have considered submissions made by both learned advocates appearing on behalf of respective parties. The question is that which condition is to be satisfied by respondent school, that must have to be disclosed by Board in the order, so, other side should know that whether particular condition is really required to be fulfilled by petitioner or not.
Therefore, in light of this background, it is directed to petitioner to consider all the aspects and pass appropriate reasoned order after giving reasonable opportunity of hearing to petitioner within a period of three months from the date of receiving copy of present order and communicate decision to petitioner immediately.
In view of above observation and direction, present petition is disposed of by this Court without expressing any opinion on merits.
Direct service is permitted.
[H.K.
RATHOD, J.] #Dave Top