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2022 DIGILAW 24 (GUJ)

Prerana Jivan Vikas Trust v. State of Gujarat

2022-01-05

BHARGAV D.KARIA

body2022
JUDGMENT : Bhargav D. Karia, J. 1. Heard learned Advocate Mr. Dipak Joshi for the petitioner and learned AGP Mr. Dhanwan Jayswal for Respondent Nos. 1 and 2. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs: "13. [A] Your Lordship may be pleased to issue Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, Order or direction quashing and setting aside the impugned Order/communication dated 18/20.03.2020 (Annexure "A" hereto) issued by Respondent No. 2 and further be pleased to direct Respondent No. 2 to reconsider the case of the Petitioner and Further be pleased to direct Respondent No. 2 to consider the eligibility of the Petitioners to grant the benefit under G.R. dated 13.11.2019 for the Academic Year 2019-20. [B] Pending admission, hearing and final disposal of the present Petition, Your Lordship be pleased to stay the operation, implementation and execution of the impugned Order/communication dated 18/20.03.2020 (Annexure "A" hereto) issued by Respondent No. 2 and further be pleased to direct Respondent No. 2 to consider the eligibility of the Petitioners to grant the benefit under G.R. dated 13.11.2019 for the Academic Year 2019-20. [C] An ex-parte ad-interim relief in terms of Prayer (B) above may kindly be granted; [D] ..." 3. The brief facts of the case are that Petitioner No. 1 is a public charitable trust and it is engaged in imparting education and is running an unaided (Non-grantable) Secondary School namely Shri. N.B. Patel Prerna Mandir Madhyamik Shala, District: Patan, having a valid recognition issued by the Gujarat Secondary and Higher Secondary Education Board. 4. In the year 2016, Deputy Secretary of State issued Government Resolution dated 15th March, 2016 for providing financial assistance and incentives to those secondary schools which are non-grantable and non-government schools so as to lift the standard of education and to improve the quality of education amongst the teaching staff and to provide financial assistance to such non-grantable secondary schools. According to the said GR, the minimum requisite eligibility and other qualifications to avail such incentives are enumerated therein. 5. Thereafter on 6th June, 2016 an addendum was issued to the said GR. The petitioners submitted their application for availing the benefit of the aforesaid GR for the Academic Year 2015-2016 which was granted for Standard-IX for 76 students. 6. According to the said GR, the minimum requisite eligibility and other qualifications to avail such incentives are enumerated therein. 5. Thereafter on 6th June, 2016 an addendum was issued to the said GR. The petitioners submitted their application for availing the benefit of the aforesaid GR for the Academic Year 2015-2016 which was granted for Standard-IX for 76 students. 6. Subsequently for the Academic Year 2016-2017 also the financial assistance was received by the petitioners for Standard-IX for 94 students and for Standard-X for 59 students. For the Academic Year 2017-2018 the petitioners got financial assistance for Standard-IX for 90 students and for the Academic Year 2018-2019 for Standard-IX for 75 students and for Standard-X for 77 students under the aforesaid GR. 7. Thereafter government issue another GR dated 13th November, 2019 amending the earlier resolution dated 15th March, 2016 specifying that the benefits which were announced shall be applicable to the non-granted schools imparting education of Standard-IX and Standard-X from the Academic Year 2019-2020. 8. The petitioner made an online application on 24th December, 2019 pursuant to the GR dated 13th November, 2019 before the Commissioner of Schools along with the required annexures and details. The petitioner also submitted structural stability and safety of existing structure certificate i.e. Structural Soundness Certificate issued by Mr. Ashwin Gandhi Chartered Engineer as well as another Building Use permission certificate dated 12th December, 2019 issued by the very same engineer. 9. The petitioners received a query from the Respondents as to whether the BU permission of the existing school building/structural stability certificate issued by the structural engineer which was replied by the petitioners in affirmation. 10. However in spite of the above facts Respondent No. 2 i.e. the Joint Director, Secondary Education Board rejected the application of the petitioner by order dated 20th March, 2020 on the ground that the BU permission submitted by the petitioner is not issued by any government authority. 11. Learned Advocate Mr. Dipak Joshi appearing for the petitioners submitted that as per GR dated 13th November, 2019 there is no provision for providing BU permission issued by any government authority. 11. Learned Advocate Mr. Dipak Joshi appearing for the petitioners submitted that as per GR dated 13th November, 2019 there is no provision for providing BU permission issued by any government authority. It was pointed out that the petitioner is being given the financial assistance since 2016 onwards and the financial assistance which is provided to the petitioners is a continuous scheme and therefore Respondent No. 2 could not have rejected the application of the petitioners for availing the financial assistance from the Academic Year-2019-2020 onward. 12. Learned Advocate Mr. Joshi further submitted that as per GRs dated 15th March, 2016 as well as 13th November, 2019 there is no stipulation with regard to submission of BU permission issued by any government authority. It was submitted that the school is run by the petitioner Trust since 2001 and therefore there is no question of issuance of BU permission by any government authority after 18 to 19 years. 13. Learned Advocate Mr. Joshi also invited the attention of this Court to the letter dated 15th October, 2020 issued by the Patan Nagar Palika stating that the building in which the school is being run by the petitioner Trust is structurally sound and the Patan Nagar Palika has even issued 'No Objection' certificate if the said building is used for the educational purpose. 14. On the other hand learned AGP Mr. Jayswal submitted that as per Clause-5 of the conditions mentioned in the GR dated 13th November, 2019 it is the responsibility of the management of the school to provide infrastructure and other facilities for imparting education as per the Gujarat Secondary and Higher Secondary Education Act, 1972 and the rules framed thereunder. Referring to the said clause it was submitted that as per Rule 9 (13) the petitioners are supposed to have BU permission issued by a government authority to run school and therefore respondent-authority is justified in rejecting the application of the petitioner on the ground that the petitioner has not submitted BU permission issued by any government authority. 15. Having heard the learned Advocates for the parties and considering the submissions made by them it appears that neither the GR dated 15th March, 2016 nor the GR dated 13th November, 2019 provides for any condition to obtain or to furnish BU permission issued by any government authority. 15. Having heard the learned Advocates for the parties and considering the submissions made by them it appears that neither the GR dated 15th March, 2016 nor the GR dated 13th November, 2019 provides for any condition to obtain or to furnish BU permission issued by any government authority. Reliance placed on Clause-5 of the conditions stated in the GR dated 13th November, 2019 cannot be interpreted to reject the application petitioner on the ground on non-furnishing of BU permission issued by any government authority. The petitioner has already submitted the certificate issued by the Structural Engineer. After the passing of the impugned order the Patan Nagar Palika has also issued 'No Objection' certificate in favour of the petitioners. 16. Under the circumstances the insistence on the part of the respondents to furnish BU permission issued by a government authority is misplaced for availing financial assistance for the purpose of imparting education and for improving the quality of education as well as providing facilities for other activities by the school run by the petitioner-Trust. 17. In view of the above discussion the impugned order dated 18/20.03.2020 is quashed and set aside and the petitioner is directed to file a fresh application for availing financial assistance under the GR dated 13th November, 2019 for the Academic Year 2019-2020 onward and the Respondent-authorities are directed not to insist upon BU permission issued by a government authority and are further directed to accept the certificate issued by the Structural Engineer as well as the No Objection certificate issued by Patan Nagar Palika as compliance of the conditions of GR dated 13th November, 2019. 18. Learned Advocate Mr. Joshi submitted that the petitioners shall make such an application within the period of one week from today and Respondent No. 2 are directed to pass necessary orders in accordance with law keeping in mind the aforesaid directions issued by this Court within the period of four weeks from the date of receipt of such an application. 19. With the above observations and directions this petition is accordingly disposed of.