High Court of Gujarat

ST. CYRIL'S SCHOOLversusSTATE OF GUJARAT

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Disposal: 40-WITHDRAWN @ FH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

Holding

The Court allowed the withdrawal of the petition and directed the respondents to decide the fresh application within a stipulated period, without examining the merits of the original petition.

Summary

The petitioner, St. Cyril's School, challenged orders dated 21‑08‑2023 and 22‑05‑2023 that cancelled its registration for Class 11 English‑Medium. During the pendency of the petition, the school obtained all required permissions, although earlier the lack of such permissions had led to the cancellation of its Class 9 registration. The petitioner sought to withdraw the present petition and file a fresh application for recognition, citing the changed circumstances. The Court, noting that the grievance would now be considered afresh by the respondents, granted permission to withdraw the petition and directed the respondents to decide the forthcoming fresh application within two months, i.e., by 31‑03‑2026. The Court expressly stated that it did not examine the merits of the original petition and disposed of it as withdrawn without any order as to costs.

Issues considered

Whether the petitioner may withdraw the pending petition and file a fresh application for registration in view of changed factual circumstances
Whether the Court should entertain the merits of the original petition after granting permission to withdraw

Subjects

school registration
class 11 English medium
withdrawal of petition
fresh application
procedural direction
education law
Gujarat

Judgment

     C/SCA/17995/2023                              ORDER DATED: 06/01/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CIVIL APPLICATION NO.17995 of 2023
                         With
      CIVIL APPLICATION (DIRECTION) NO.1 of 2025
                          In
     R/SPECIAL CIVIL APPLICATION NO.17995 of 2023
=========================================
                            ST. CYRIL'S 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 A SHAH FOR MR AD OZA for the Respondent No.2.
RULE NOT RECD BACK 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 orders dated 21.8.2023 and 22.5.2023
passed by respondent Nos.1 & 2 by which registration of Class 11 th
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 fulClling all the conditions for getting
registration of Class 11th English Medium, learned advocate Mr. Jay
Thakkar, under instructions, seeks permission to withdraw this


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          C/SCA/17995/2023                                                              ORDER DATED: 06/01/2026




  petition with a view to make a fresh application for recognition to
  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 17:31:10




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