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CA/9861/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 9861 of 2010
In
SPECIAL
CIVIL APPLICATION No. 8844 of 2010
=========================================================
KRUSHNAKANT
PATEL & 535 - Petitioner(s)
Versus
STATE
OF GUJARAT & 33 - Respondent(s)
=========================================================
Appearance :
MR
GM JOSHI for
Petitioner(s) : 1 - 536.
GOVERNMENT PLEADER for Respondent(s) : 1
- 2.
MR HRIDAY BUCH for Respondent(s) : 3,
None for
Respondent(s) : 4 -
34.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 30/08/2010
ORAL
ORDER
1. The
present Civil Application is filed in Special Civil Application No.
8844 of 2010 wherein the relief prayed for is, This Hon’ble Court
may be pleased to issue a writ of mandamus or in the nature of
mandamus or any other appropriate writ, direction or order to quash
and set aside the advertisement dated 04.06.2010 issued by the
respondent no.6 for engagement of resource teachers as bad in law and
unconstitutional. By way of interim relief, it is prayed in that
petition as under:
During
the pendency and final disposal of this petition, this Hon’ble Court
may be pleased to restrain the respondents, more particularly,
respondent no.6 from engaging any persons as resource teacher
pursuant to the advertisement dated 4th June 2010 produced
at Annexure B to the petition.
2. In
the present Civil Application, the learned Advocate for the
applicants original petitioners invited attention of the Court to
Annexure A, page 21 dated 17.08.2010. The learned Advocate
submitted that there is no justifiable reason to insist for
production of No Objection Certificate and an order of acceptance of
resignation in original. The Court finds substance in the submission
made by the learned Advocate for the applicants original
petitioners. Prima facie, this Court is of the opinion that the said
insistence is only with a view to see that the petition filed by
these petitioners become infractuous on their producing NOC and an
order of acceptance of resignation.
3. Notice
returnable on 17th
September 2010. In the meantime, ad interim relief in terms
of para 5(A).
A
copy of this order be made available to learned A.G.P. for its onward
communication.
(RAVI
R. TRIPATHI, J.)
jani
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