Gujarat High Court
Jay Education Trust (Through Its ... vs State Of Gujarat & on 28 April, 2017
Author: S.G. Shah
Bench: S.G. Shah
C/SCA/1369/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1369 of 2017
With
SPECIAL CIVIL APPLICATION NO. 1370 of 2017
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JAY EDUCATION TRUST (THROUGH ITS MANAGING
TRUSTEE)....Petitioner(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MS MAMTA R VYAS, ADVOCATE for the Petitioner(s) No. 1
GOVERNMENT PLEADER for the Respondent(s) No. 1
MR AD OZA, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 28/04/2017
ORAL ORDER
Respondent No.2 has filed affidavit, wherein in paragraph 9, it is stated that names of the schools which are shown at Annexure-D, are the information received under the Right to Information Act by one Mr. Gaurang Patel and that there are some discrepancies in writing the information. It is further stated that most of the schools show at page Nos.29 to 34 are grant- in-aid schools and are run since decades, and therefore, respondents reserve their right to file further affidavit on record after scrutiny of such information produced at Annexure-D. It is undisputed fact that by impugned order, only two grounds are shown for refusing to grant Page 1 of 3 HC-NIC Page 1 of 3 Created On Sat Apr 29 02:11:30 IST 2017 C/SCA/1369/2017 ORDER recognition to the petitioner's school viz. (1) the rent deed in favour of the school is signed by only one person though it is owned by more than one person and (2) the school does not have 1200 sq.mtrs. open land for playground. It is also undisputed fact that pursuant to such objection dated 14.6.2016, petitioner has already conveyed the authorities on 18.6.2016 that in fact the property is owned by only one person, and therefore, rent deed is executed by one person and that considering the existing building of school, having 33 classrooms and total students, the land admeasuring 500 sq.yds. is enough for playground.
Therefore, prima facie, if petitioner does not have a playground, probably, authorities may not grant recognition to such school. Therefore, in answer to such situation, petitioner has produced certain data on pages No.24 to 60. This is the data, for which the respondents want to file an additional affidavit because probably such data confirms that there are several other schools, which may not have sufficient area for playground, but they are being recognised and they are running in the city even today.
In view of such situation, when basic duty of the Court is to find out the truth, and to see that there is no arbitrariness or discrimination by the authorities, it would be appropriate for the respondent to file affidavit as already Page 2 of 3 HC-NIC Page 2 of 3 Created On Sat Apr 29 02:11:30 IST 2017 C/SCA/1369/2017 ORDER disclosed by them in paragraph 9 so as to make it clear in writing that none of the schools in Ahmedabad city is having less than 1200 sq.mtrs. area as playground. If at all some schools are permitted with less area, then in that case respondents shall disclose the names of such schools and reasons for such permission.
List both the matters on 4.5.2017.
(S.G. SHAH, J.) binoy Page 3 of 3 HC-NIC Page 3 of 3 Created On Sat Apr 29 02:11:30 IST 2017