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SCA/1928/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 1928 of 2008
=========================================================
CHHOTALAL
DAMODARDAS PANCHAL & 5 - Petitioner(s)
Versus
STATE
OF GUJARAT & 8 - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Petitioner(s) : 1 - 6.
MR JK SHAH, AGP for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1 - 3, 5,7 - 9.
MR
SUNIL S JOSHI for Respondent(s) : 4,
UNSERVED-REFUSED (N) for
Respondent(s) :
6,
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 05/09/2008
ORAL
ORDER
The
petitioners who are trustees of Trust have prayed to quash and set
aside the order dated 23/1/2008 passed by respondent no.2-District
Education Officer permitting the respondent nos.3 to 8 who are also
trustees of the Trust to hold interviews of teachers and assistant
teachers of respondent no.9 school situated in a backward area of
Dahod District.
The
main contention raised by petitioners is that the respondent no.2
has issued No Objection Certificate in absence of there being any
resolution by the Trust which is condition precedent as per the
provisions of the Trust Deed and that the respondent nos.3 to 8 were
not competent to make application for obtaining No Objection
Certificate.
As
a result of hearing and perusal of the record, this Court is of the
view that it is evident that there is a dispute between two
representatives of the management and it appears that it is because
of such rivalry the present petition has been filed. However, on
that ground the students should not suffer for want of teachers. If
the appointment of teachers are delayed because of the dispute
between the management, it would affect the teaching and the
ultimate sufferers would be the students.
The
teachers are not available in rural area and students suffers and on
the ground pleaded in the petition, students should not suffer. The
requirement of the selection committee is that representative of the
management should be in the Selection Committee. There is no
dispute that in the present case representative of the Managing
Committee in the Selection Committee is selected.
Even
otherwise, if the petitioners succeed in the pending litigation
before Charity Commissioner, it would be open for them to take
appropriate action against the defaulting trustees i.e. respondent
nos.3 to 8. Therefore, this petition is misconceived and is
therefore, rejected. Notice is discharged. Interim relief stands
vacated.
(K.S.JHAVERI,
J.)
(ila)
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