SCA/6946/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 6946 of 2008 ====================================== JAYANTILAL U. MERJA Versus DISTRICT EDUCATION OFFICER & others ====================================== Appearance : MR SL VAISHYA for Petitioner Ms. Asmita Patel, AGP, for Respondent Nos. 2 and 3 ====================================== CORAM : HONOURABLE MR.JUSTICE ANANT S. DAVE Date : 02/07/2008 ORAL ORDER
In
this petition under Article 226 of the Constitution of India, as
many as ten prayers have been made for directing the respondents to
consider the case of the petitioner as a teacher of higher secondary
school as per the Government Resolution dated 28th
October 1975 and further directing the respondents to obey the
directions given in the order dated 18th January 2005
passed by the learned Single Judge of this Court in Special Civil
Application No.17288 of 2003.
What
transpires in paragraph 3 of the order dated 18th January
2005 passed by the learned Single Judge of this Court in Special
Civil Application No.17288 of 2003 is that the learned Single Judge
has refused to examine the case of the petitioner since it was
raised at a belated stage and no sufficient material was brought on
record. However, in the fitness of things, the respondents were
directed to consider the case of the petitioner in future, if the
policy permits.
In
the event of non-compliance or disobedience of the direction given
in the order dated 18th January 2005 passed by the
learned Single Judge of this Court in Special Civil Application
No.17288 of 2003, remedy lies elsewhere and not by way of the
present petition under Article 226 of the Constitution of India.
Besides, even in this petition also, no material exists for the
belated claim of the petitioner to direct the Authorities to comply
with the earlier order of the learned Single Judge. In absence of
any legal right, no mandamus can be issued. No case is made out.
In
the result, this petition is rejected with no order as to costs.
(ANANT
S. DAVE, J.)
(swamy)