Gujarat High Court
Gujarat Minority School'S Association ... vs State Of Gujarat Through Secretary & 5 on 30 October, 2012
Author: Ks Jhaveri
Bench: Ks Jhaveri
SCA/5152/2011 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION No. 5152 of 2011
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GUJARAT MINORITY SCHOOL'S ASSOCIATION THROUGH PRESIDENT &
29 - Petitioner(s)
Versus
STATE OF GUJARAT THROUGH SECRETARY & 5 - Respondent(s)
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Appearance :
MSVIDHIJBHATT for Petitioner(s) : 1 - 30.
GOVERNMENT PLEADER for Respondent(s) : 1,
MR AD OZA for Respondent(s) : 2,
NOTICE SERVED BY DS for Respondent(s) : 3 - 6.
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CORAM : HONOURABLE MR.JUSTICE KS JHAVERI
Date:30/10/2012
ORAL ORDER
1. RULE returnable on 05.03.2013.
2. In the meantime, the prayer for staying the resolutions of the Governor dated 31.12.2009, 08.03.2011 and 11.04.2011 cannot be granted as it will amount to allowing the petition at the admission stage. Minimum is for survival of institute but maximum strength is applicable in all cases.
3. It is made clear that it will be open for the petitioners to make representation to the State Government, but they will not be entitled for the interim relief. It is further clarified that while implementing the resolutions, if the excess students are found to be more than 50% of the prescribed limit viz. 30 students are found in excess in each of the class, they will be allowed 1 extra class.
SCA/5152/2011 2/2 ORDER
4. In that view of the matter, while implementing the resolution, the Government will take into consideration the resolution and above guidelines so that the student/teacher do not suffer to in case if they are declared surplus. In that view of the matter, implementation of the resolutions is not interfered at this stage.
5. It is further clarified that if ultimately the petitioners succeed, the Government will release the benefits to them, if they continue classed of their own.
6. In view of the above, the earlier order of granting interim relief is modified and substituted by the present order.
[K S JHAVERI, J] Ankit*