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SCA/2139/2010 1/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2139 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=============================================================
PRAVINKUMAR
HARIPRASAD GUPTA - Petitioner(s)
Versus
MANAGING
TRUSTEE, TRIPADA INTERNATIONAL SCHOOL & 2 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 08/03/2010
ORAL
JUDGMENT
By
way of present petition, the petitioner has inter alia prayed for
directing the respondents herein to continue the petitioner in
service on the very post on which he was appointed as per the
agreement and also for directing the respondents to pay his regular
salary.
It
is the case of the petitioner that the petitioner has been appointed
in the respondent-School vide order dated 11th June 2007
as Principal/ Coordinator on a fixed salary of Rs.25,000/- per
month. It is submitted that the respondent-School is run by the
Tripada Education Trust. It is further the case of the petitioner
that in pursuance of the above referred appointment order, he has
been discharging his duties with effect from 11th June
2007 with the respondent-School. It is submitted that he has
received his salary upto September, 2007. However, from October,
2007 his salaries were withheld by the respondent-School Management.
The petitioner had also apprehended his termination from the
respondent-School.
On
account of the said apprehension, the petitioner preferred
Application No.7 of 2008 before the Gujarat Secondary Education
Tribunal at Ahmedabad. However, taking into consideration the pros
and cons of the matter as well as the reply affidavits filed by the
respondents herein, the Tribunal rejected the application made by
the petitioner on the ground of jurisdiction. Hence, this petition.
Having
heard the contentions raised by the petitioner-Party-In-Person,
perusing the averments made in the application as well as the
documents on record and the impugned order, it transpires that the
Tripada International School which is run by the Tripada Education
Trust is not registered as a secondary school with the Gujarat
Secondary Education Board as required under Section 31 of the
Gujarat Secondary and Higher Secondary Education Act, 1972
(hereinafter referred to as the Act ). Thus, when the grievance
of the petitioner does not fall under the category of grievance
between the Manager of a registered private secondary school and a
person in service of such school as stipulated under Section 38(1)
of the Act. Therefore, the Tribunal has rightly held that the
Tribunal has no jurisdiction to entertain such an application. I am
in complete agreement with the reasons assigned by the Tribunal and
I adopt the same since there is no illegality or infirmity in the
said decision. Therefore, I do not find any merit in the present
petition and the present petition is nothing but a misconceived
petition. Hence, the present petition deserves to be dismissed.
In
view of aforesaid, the present petition fails and is, accordingly,
dismissed in limine.
It
is, however, made clear that if there is any breach of Section 52 of
the Act and if an application is moved to the appropriate authority,
the respondent-authority will take appropriate action against the
respondent-School Management for running school without prior
registration under the concerned Act. The petition stands disposed
of accordingly.
(K.S.
Jhaveri, J)
Aakar
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