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LPA/28419/1998 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 284 of 1998
In
SPECIAL
CIVIL APPLICATION No. 1894 of 1998
For
Approval and Signature:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE MS.JUSTICE H.N.DEVANI
=============================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=============================================
GUJAAT
SECONDARY EDUCATION - Appellant(s)
Versus
MINOR
SOLANKI SANDEEPSINH CHANDRASINH & 43 - Respondent(s)
=============================================
Appearance
:
MR
AD OZA for Appellant(s) : 1,
MR SUNIL K SHAH for Respondent(s) :
1, 30,
NOTICE SERVED BY DS for Respondent(s) : 2 - 9, 11,13 -
23,25 - 28,31 - 41.
MR NILESH M SHAH for Respondent(s) : 10, 12,
24, 29,
MS NISHA PARIKH for Respondent(s) : 42 - 43
- for
Respondent(s) : 0.0.0
=============================================
CORAM
:
HONOURABLE
MR. JUSTICE MOHIT S. SHAH
and
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 13/10/2008
ORAL JUDGMENT
(Per
: HONOURABLE MR. JUSTICE MOHIT S. SHAH)
This
Letters Patent Appeal is directed against interlocutory order dated
12.3.1998 of the learned Single Judge directing the appellant herein
to accept forms of the petitioner students of Hardik Vidyalaya
(who are respondent Nos.1 to 40 herein) through any other recognized
school.
2. The
above order was passed by the learned Single Judge in Special Civil
Application No.1894 of 1998 filed by the 40 students in view of the
fact that Hardik Vidyalaya where they were studying in the Standard X
was not recognized by the appellant Board and, therefore, the
students were not permitted to appear at the Std. X examination which
was to be conducted by the appellant Board in March 1998.
Aggrieved by the above interim order dated 12.3.1998, the appellant
moved this Letters Patent Appeal, which was admitted, and on
31.3.1998, this Court granted interim stay against declaration of the
result.
3. When
the appeal reached hearing on 18.9.2008, the learned counsel for
respondent Nos.1 to 40 sought time to seek instructions whether the
students were still interested in the appeal being heard on merits.
4. Mr
Sunil K. Shah, learned counsel for the respondent students states
that though he had written to one of the guardians at the residential
address indicated in the appeal memo, he has not received any
instructions in the matter.
5. Mr
AD Oza, learned counsel for the appellant Board states that the
Board had by letter dated 18.9.2008 requested the Principal of Smt.
LH Gandhi High School, C/o. Bright Star School through which the
students were permitted to appear at the examination in compliance
with the interim order of the learned Single Judge to inform the
appellant Board about further developments in the matter. In
response thereto, by letter dated 27.9.2008, the Principal of Smt. LH
Gandhi High School has informed the appellant Board that though
the students were permitted to appear at the Std. X examination in
March 1998, the results were not declared in view of the interim stay
granted in this appeal. The Principal further stated that he had no
details about the students who were originally admitted to Hardik
Vidyalaya.
6. In
CBSE vs. P Sunil Kumar, (1998) 5 SCC 377, the Apex Court held as
under :-
..
… We are conscious of the fact that our order setting aside the
impugned directions of the High Court would cause injustice to these
students. But to permit students of an unaffiliated institution to
appear at the examination conducted by the Board under orders of the
Court and then to compel the Board to issue certificates in favour of
those who have undertaken examination would tantamount to subversion
of law and this Court will not be justified to sustain the orders
issued by the High Court on misplaced sympathy in favour of the
students.
7. Considering
the undisputed fact that Hardik Vidyalaya was not recognized by the
appellant Board to establish and run a High school and having
regard to the decision of the Apex Court in CBSE vs. P Sunil Kumar,
(1998) 5 SCC 377, we allow the appeal and set aside the order dated
12.3.1998 of the learned Single Judge.
(M.S.
SHAH, J.)
(HARSHA
DEVANI, J.)
zgs/-
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