Gujarat HC sets aside 2015 order cancelling recognition of two Bapunagar schools

The Gujarat High Court has set aside a 2015 state government order cancelling the recognition of two schools in the Bapunagar area, bringing an end to a nearly two-decade-long legal battle.

In a judgment delivered by Justice Nirjar S Desai, the court restored recognition to Holychild English Medium School and Sugnabai Hindi Medium Primary School, both run by the Sugnabai Education Trust.

The dispute dates back to August 2004, when alleged financial irregularities and the presence of ‘dummy teachers’ were reported in the institutions. Following this, authorities withdrew recognition and registered criminal cases against trustees and staff.

During the hearing, the High Court observed that the state authorities had violated principles of natural justice in conducting a fresh inquiry ordered in 2015. It noted that the process had been carried out arbitrarily and criticised the government for implementing court directions selectively.

The court also rejected the state’s contention that the trust had forfeited its right to challenge the proceedings by participating in the inquiry. It further held that the inquiry report was legally deficient, as it lacked a clear recommendation for cancellation of recognition under the relevant provisions of the Primary Education Act.

This comes after the District Education Officer (DEO) indicated willingness to consider reopening the schools, subject to compliance with safety and regulatory norms.

In response, the trust assured the court that it would adhere to requirements related to fire safety clearance, building permissions, the Right of Children to Free and Compulsory Education Act and provisions concerning persons with disabilities.

The high court also observed that the pendency of criminal proceedings for nearly 20 years could not be a permanent ground to deny the functioning of the schools.

Setting aside the 2015 order, the court directed restoration of recognition, emphasising due process and the educational interests of students.