Gujarat High Court
Rashminbhai Vadilal Shah vs State Of Gujarat on 26 September, 2019
Author: Biren Vaishnav
Bench: Biren Vaishnav
C/SCA/6749/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6749 of 2017
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RASHMINBHAI VADILAL SHAH & 4 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No.
1,2,3,4,5,5.1,5.2,5.3
MR JAYNEEL PARIKH, ASST. GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MR AD OZA(515) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE BIREN VAISHNAV
Date : 26/09/2019
ORAL ORDER
This petition under Article 226 of the Constitution of India, has been filed by the petitioners with the following prayer :
"18(A) Be pleased to pass appropriate writ, order or direction directing respondent authorities to decide the application/complaint made by the petitioners against the schools namely (1) V.R. Shah Smruti Adarsh Education Trust Sanchalit Granted Secondary School Anupam Vidya Vihar Secondary H. Secondary School Ahmedabad (2) V.R. Shah Smruti Adarsh Education Trust Sanchalit Granted Secondary School V.R. Shah Smruti Nutan Adarsh Kanya Vidayalay, Kalupur, Ahmedabad for cancellation of the recognition/registration of the schools forthwith."
It is the case of the petitioners that though the Page 1 of 4 Downloaded on : Sat Sep 28 01:37:52 IST 2019 C/SCA/6749/2017 ORDER petitioners have made several complaints to the Gujarat Secondary & Higher Secondary Education Board for cancellation of registration of the schools named in the prayer clause, the respondent-Board has not taken any steps to do so. This Court on 06.04.2017 passed the following order :
"Notice, returnable on 4.5.2017. Respondents are directed to comply with the prayer clause 18(C) before the returnable date."
Pursuant to the order so passed, Mr.A.D. Oza, learned counsel for the respondent No.2-Board has drawn my attention to the additional affidavit-in-reply filed on behalf of the Board dated 10.07.2019. The reading of the affidavit-in- reply reveals that the Board has instructed the District Education Officer, Anand and Sabarkantha to carry out inspection of the two schools namely, Anupam Vidhya Vihar and Nutan Kanya Vidhyalay. The report is placed on record which is dated 19.06.2019.
It will be appropriate to reproduce paragraph 4 of the additional affidavit-in-reply which indicates the following short-comings of the schools :
"4. It is submitted that bare perusal of the said inspection report makes it clear that there is substance in the complaint filed by the petitioners. Following, inter alia, are the observations made by the DEOs in the inspection report dated 19.06.2019 :
A. That, the School/s does not have BUP permission certificate.Page 2 of 4 Downloaded on : Sat Sep 28 01:37:52 IST 2019 C/SCA/6749/2017 ORDER
B. Fourth and Fifth floor of the school/s Building were illegally constructed. However, same was regularized in the year of 2016 by paying impact fees.
C. It is not clear that whether the approved map of the Building is for the purpose of education or not as the ground floor is approved/permitted for the shops. D. Two High Schools and Three Primary Schools are being run in one building.
E. There are shops at Ground Floor of the Building and underground is being used as warehouse by someone to keep waste.
F. Only one staircase is available from first floor to fifth floor and the width of the same is only three feet. G. There are violation of Rules of School safety and fire safety.
H. Sanitation facility is not enough in view of the number of students.
I. Playground adjoining to school is not available.
It is further stated in the report that if unfortunately, fire accident like unfortunate incident happened in Surat District would occur then dangerous situation would take place. Further, it is not permissible to run five schools in the same building."
In paragraph 5 of the additional affidavit-in-reply, the Board has submitted that the Board needs permission of this Court to initiate procedure for deregistration of the above named secondary and higher secondary schools.
In view of the contents of the affidavit-in-reply so Page 3 of 4 Downloaded on : Sat Sep 28 01:37:52 IST 2019 C/SCA/6749/2017 ORDER reproduced hereinabove, the respondent-Board is directed to take appropriate steps for deregistration of the schools referred in the affidavit. Such action in accordance with law shall be completed preferably within a period of three months from the date of receipt of this order.
The State Government shall appropriately direct the Director of Primary Education to take steps as suggested by the Board in its affidavit-in-reply.
With the above directions, the petition is disposed of.
(BIREN VAISHNAV, J) Dolly Page 4 of 4 Downloaded on : Sat Sep 28 01:37:52 IST 2019