High Court of Gujarat

ST CYRILS SCHOOLversusSTATE OF GUJARAT

Decided: 6 January 2026
Disposal: 40-WITHDRAWN @ FH
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petition, disposing of it as withdrawn without examining the merits.

Summary

St. Cyrils School filed a special civil application challenging the order dated 3‑August‑2023 that cancelled its registration for Class 9th English Medium. While the petition was pending, the school obtained all required permissions, which were the basis for the original cancellation. The petitioner’s counsel sought permission to withdraw the petition and to file a fresh application for recognition within a week. The Court directed the respondents to consider the fresh application and to decide it preferably within two months, by 31‑March‑2026. Permission to withdraw was granted, the petition was disposed of as withdrawn, and the Court expressly noted that it did not examine the merits and made no order as to costs.

Issues considered

Whether a petition challenging a cancellation of school registration can be withdrawn after the petitioner obtains the requisite permissions.
Whether the Court can direct the respondents to decide a fresh application within a specified timeframe.

Subjects

school registration
withdrawal of petition
fresh application
procedural law
education regulation

Judgment

     C/SCA/17975/2023                                     ORDER DATED: 06/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CIVIL APPLICATION NO.17975 of 2023
                          With
  CIVIL APPLICATION (FOR INTERIM RELIEF) NO.1 of 2025
                           In
      R/SPECIAL CIVIL APPLICATION NO.17975 of 2023
=========================================
                             ST CYRILS SCHOOL
                                   Versus
                          STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR. JAY M THAKKAR for the Petitioner.
MR MITUL GAUTAM, AGP for the Respondent No.1.
MR MEET SHAH FOR MR AD OZA for the Respondent No.2.
RULE SERVED for the Respondent No.3.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 06/01/2026
                              ORAL ORDER

1.             By way of the present petition, the petitioner has
challenged       the    impugned   order         dated   3.8.2023      passed       by
respondent No.2 by which registration of Class 9th English Medium
was cancelled.


2.             At the outset, it is stated by learned advocate Mr. Jay
Thakkar that during the pendency of the present petition, the
petitioner was able to get all the necessary permissions, as on
account of non-availability of such permissions, registration of
Class 9th English Medium was cancelled to the petitioner.


3.             Therefore, in view of change of circumstances, now
since the petitioner is fulBlling all the conditions for getting
registration of Class 9th English Medium, learned advocate Mr. Jay
Thakkar, under instructions, seeks permission to withdraw this
petition with a view to make a fresh application for recognition to


                                   Page 1 of 2
         C/SCA/17975/2023                                                              ORDER DATED: 06/01/2026




 the respondent authorities. Such application according to learned
 advocate Mr. Jay Thakkar shall be made within a period of one
 week from today and hence, the respondents are directed to decide
 the same in accordance with law and by taking into consideration
 the subsequent development, as early as possible, preferably within
 a period of two months from the date of receipt of such application
 i.e. on or before 31.3.2026.


 3.                   In view of the above direction, as the grievance of the
 petitioner would be considered by the respondents in accordance
 with law, permission to withdraw the present petition is granted.
 The petition stands disposed of as withdrawn. Rule discharged. It
 is made clear that this Court has not examined the merits of the
 matter. No order as to costs. Connected application also stands
 disposed of.


                      If any decision taken by the respondents pursuant to
 the fresh application that may be made by the petitioner is adverse
 to the petitioner, it will be open for the petitioner to challenge the
 same by way of fresh petition in accordance with law.



                                                                                   (NIRZAR S. DESAI,J)




 SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/01/2026 17:30:50




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