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Reconsider plea of the Madrassa: Gujarat HC to the state
Wednesday, April 21, 2010 09:15:50 PM, IANS
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Gandhinagar: The Gujarat High court has directed the state education department to reconsider a madrassa's plea seeking permission to start class 8 in English medium.
Setting aside the department's decision to reject Victoria Jubilee Madrassa's request, Justice K.A. Puj observed that the authorities did not follow the law.
According to the petitioner institution, it had sent a proposal to the state education board for opening class 8 in English medium but it was rejected without any hearing.
The madrassa appealed before the state education department Sep 12, 2009 against the board’s decision but that, too, was rejected March 25, 2010. Subsequently, the petitioner approached the high court.
Justice Puj ordered: "The court is of the view that there is no denial of hearing which has taken place on Jan 6, 2010 and on that day, the appeal was heard by Bhad. He is not the same officer, who has passed the order dated March 25.
"The order was passed by B.J. Brahmbhatt, deputy secretary, education department, which is not permissible under the law and only on this ground the impugned order dated March 25, deserves to be quashed and set aside."
The court sent the matter back to the deputy secretary of the education department to decide and dispose the appeal of the petitioner afresh after giving it a hearing.
Counsel for the petitioner N.V. Gandhi submitted that the madrassa's appeal in the department was heard by one officer and the order on it was passed by another officer. He claimed this was contrary to law.
Government counsel Manisha Narsinghi submitted that there was no substance in the petition and the board had rightly rejected the madrassa's plea. An appeal against it was rejected as it had no merit, she said.
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