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 p. 1 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. Page 2 of 7 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 p. 3 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 p. 4 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; p. 5 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. Page 6 of 7 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/- p. 7 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