SHRI V R SHAH SMRUTI ADARSH EDUCATION TRUST THROUGH TRUSTEE GIRISHBHAI VADILAL SHAHversusSTATE OF GUJARAT

     C/SCA/3200/2021                           ORDER DATED: 07/01/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3200 of 2021

                                With
        CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
           In R/SPECIAL CIVIL APPLICATION NO. 3200 of 2021
                                With
             R/SPECIAL CIVIL APPLICATION NO. 3197 of 2021
                                With
        CIVIL APPLICATION (FOR JOINING PARTY) NO. 1 of 2021
           In R/SPECIAL CIVIL APPLICATION NO. 3197 of 2021
==========================================================
     SHRI V R SHAH SMRUTI ADARSH EDUCATION TRUST THROUGH
              TRUSTEE GIRISHBHAI VADILAL SHAH & ANR.
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR JF MEHTA(461) for the Petitioner(s) No. 1,2
MR MITUL GAUTAM, GOVERNMENT PLEADER for the Respondent(s) No.
1
MR AD OZA(515) for the Respondent(s) No. 2
MS MAMTA VYAS, Respondent (s) No. 3 to 8
==========================================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                           Date : 07/01/2026

                        COMMON ORAL ORDER


1. Heard, learned Sr. Advocate, Mr. D.C. Dave, appearing
with learned Advocate, Mr. Mehta, for the petitioners,
learned AGP, Mr. Gautam, for the Respondent-State,
learned Advocate, Mr. Oza, for Respondent No.2-Board and
learned Advocate, Ms. Mamta Vyas, for the applicants in the
application for joining party.


2.     At the outset, since, the learned Advocates appearing
for the parties did not oppose Civil Application (For Joining
Party) No. 1 of 2021 in both the petitions, the same are


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      C/SCA/3200/2021                                ORDER DATED: 07/01/2026




allowed and the applicants therein are permitted to be
joined as Party Respondent Nos. 3 to 8 in the main matters.
Amendment to be carried out, forthwith.


3.     Issue Rule to the newly added Respondent Nos. 3 to 8.
Learned Advocate, Ms. Vyas, waived service for newly added
Respondent Nos. 3 to 8.


4.     As facts in both the petitions are almost identical, the
same are drawn from Special Civil Application No. 3200 of
2021.


By way of these petitions, the petitioners have prayed to
quash and set aside the impugned orders dated 28.07.2020,
passed by Respondent No.2-Board, whereby, recognition of
the petitioner schools came to be canceled, as provided
under Section 31(9) of the Gujarat Secondary and Higher
Secondary Education Act, 1972 (‘the Act’ in brief).


4.1    The only difference in both the petitions is that Special
Civil Application No. 3200 of 2021 is preferred against de-
recognition of Secondary Section, imparting education to the
students in Standards- 9 and 10, whereas, Special Civil
Application No. 3197 of 2021 is preferred against de-
recognition             of   Higher   Secondary     Section,       imparting
education to the students in Standards- 11 and 12.



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      C/SCA/3200/2021                            ORDER DATED: 07/01/2026




5.     At the outset, learned Sr. Advocate, Mr. Dave,
appearing with learned Advocate, Mr. Mehta, for the
petitioners        submitted   that    looking   to   the     fact         that
Respondents did not follow the mandatory procedure, which
is prescribed for de-recognizing a school, i.e. the procedure
prescribed vide Rule 9-A, before de-recognizing Standards-
9 to 12 of the petitioners schools and therefore, on that sole
ground itself, these matters are required to be remanded
back to Respondent No.2-Board.


5.1    Learned Sr. Advocate, Mr. Dave, further, submitted
that as, at this juncture, the petitioners are seeking
quashing of the impugned orders and to remand these
matters back, only on the ground of non-observance of the
mandatory procedure prescribed under the rules, lengthy
facts are not required to be narrated and the matters are
required to be remanded back to Respondent No.2-Board for
its consideration, afresh.


5.2    It was also submitted that both the secondary and the
higher secondary sections, i.e. Standards- 9 to 12, of the
petitioners-schools are non-functional, as both the schools
were closed down in the year 2021 and therefore, if, this
Court deems it appropriate to remand these matters back
and directs Respondent No.2 to follow the mandatory
procedure, as provided under Rule 9-A within time-bound
schedule and to give a fresh decision within the deadline


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      C/SCA/3200/2021                       ORDER DATED: 07/01/2026




fixed by this Court, in that case, there will be no question of
admitting any other students or restoring the original status
of the schools, which shall not create any complications, as
far as admissions of the students is concerned.


5.3     Learned Sr. Advocate, Mr. Dave, submitted that the
mandatory Rule 9-A provides for issuance of charge-sheet,
framing of charges and thereafter, conducting an inquiry.


5.3.1           In the instant case, the entire inquiry was
conducted only on the basis of show-cause notices and
neither any charge-sheet was ever issued nor the charges
were framed and therefore, the mandatory procedure, which
is prescribed under Rule 9-A, was not followed and on that
ground itself, the inquiry stands vitiated and the orders
passed on the basis of the vitiated inquiry cannot be
sustained and therefore, the same are required to be
quashed and set aside.


6.      Neither, learned Advocate, Mr. Oza, appearing for
Respondent No.2-Board nor learned AGP, Mr. Gautam,
appearing for Respondent No.1-State nor learned Advocate,
Ms. Shah, appearing for newly added Respondent Nos. 3 to
8 could dispute the aforesaid aspect, from the perusal of the
record. As the record itself is self-explanatory and it does
not indicate that, at any point of time, either the charge-
sheet was issued or the charges were framed, as prescribed


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      C/SCA/3200/2021                           ORDER DATED: 07/01/2026




under Rule 9-A. Thus, it remains undisputed that the
procedure prescribed under Rule 9-A was not followed by
Respondent No.2-Board and therefore, on this short ground
itself, without entering into the merits of the matter, the
impugned orders are required to be quashed and set aside.
Further, all the learned Advocates appearing for the parties,
in one voice, stated that the petitioners-schools are closed
down and no student is studying in them.


7.         Accordingly, both the petitions are partly allowed
and the impugned order dated 28.07.2020 is quashed and
set aside and in view of the same, all consequential orders,
including the order dated 04.02.2021, are also quashed and
set aside and both the matters are remanded to Respondent
No.2-Board for its consideration afresh, with the following
directions;


     (1) Respondent No.2-Board is directed to strictly adhere
           to the procedure, as prescribed under Rule 9-A;


     (2)     After following the mandatory procedure, as stated
           above, if required, Respondent No.2-Board may carry
           out day-to-day hearing and all the parties, who are
           before this Court, are directed to cooperate;


     (3)     Thereafter, Respondent No.2-Board is directed to
           pass a final order on, or before, 15th April, 2026;



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      C/SCA/3200/2021                                    ORDER DATED: 07/01/2026




  (4)      In case if, the order passed by Respondent No.2-
        Board           goes   against    the      petitioners,      then,         the
        petitioners shall be at liberty to file an appeal within
        the period of 15 days thereafter, i.e. by 30th April,
        2026;


  (5)      Once the final decision is taken, Respondent No.2-
        Board shall communicate the same to the petitioners
        through speed post, forthwith;


7.1     At this stage, learned Sr. Advocate, Mr. Dave, under
the instructions submitted that irrespective of the appeal
period provided under the rules, in case any order, which is
adverse to the petitioners, is passed by Respondent No.2-
Board, the petitioners undertake to file an appeal within the
period of 15 days thereafter, i.e. by 30.04.2026, so as to
enable the appellate authority to hear and decide the
appeal, latest by 30th May, 2026.


7.2     Though, the impugned orders are quashed and set
aside,      learned        Sr.   Advocate,         Mr.   Dave,      under          the
instructions, has assured this Court that in the meantime,
no new / further students will be admitted in the petitioners
schools, unless final order is passed by Respondent No.2-
Board.




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         C/SCA/3200/2021                                                    ORDER DATED: 07/01/2026




  7.3       It is clarified that this Court has not examined the
  merits of the matter and this order is passed only on the
  ground of non-observance of the mandatory procedure
  prescribed under Rule 9-A by Respondent No.2-Board.


  7.4       Rule is made absolute to the aforesaid extent. No order
  as to costs.


                                                                               (NIRZAR S. DESAI,J)
  UMESH/-


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 09/01/2026 12:33:57




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