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SCA/9020/2009 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 90 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
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 ?
=========================================================
DAHOD
ANAJ MAHAJAN SARVAJANIK EDUCATION SOCIETY - Petitioner(s)
Versus
DISTRICT
EDUCATION OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RR VAKIL for
Petitioner(s) : 1,
MS KRINA CALLA, AGP for Respondent(s) : 1 -
2.
MR BIPIN P JASANI for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/02/2009
ORAL
JUDGMENT
1.
Rule. Ms.Krina Calla, learned AGP waives service of notice of Rule on
behalf of respondents No.1 and 2 and Shri Bipin Jasani, learned
advocate waives service of notice of Rule on behalf of respondent
No.3. With the consent of the learned advocates appearing on behalf
of the respective parties, the petition is taken up for final hearing
today.
2. By
way of this petition under Article 226 of the Constitution of India,
petitioner has prayed for an appropriate writ, order or direction,
quashing and setting aside the impugned order 8/11.12.2008 Annexure
A to the ptition passed by the Joint Director of Eduction
(10+2), State of Gujarat, Gandhinagar.
3. Number
of submissions have been made on behalf of the respective parties on
merits. However, in view of the fact that the impugned order is
passed without hearing the petitioner and considering the
contemporaneous question raised, this Court proposes to remand the
matter to the Joint Director of Education who has passed the impugned
order. This Court is not further considering the other larger
question on merits.
4. Ms.Krina
Calla, learned AGP has submitted that technically it cannot be said
that the impugned order is in breach of principle of natural justice
as the opportunity was given but nobody remained present on behalf of
the petitioner. Without further entering into the said question, in
the facts and circumstances of the case and the legal issues, this
Court is still of the opinion that, let the impugned order be quashed
and set aside and the matter be remanded to the Joint Director of
Education for taking an appropriate decision in accordance with law
and on merits after hearing the petitioner as well as the respondent
No.3.
5. For
the reasons stated above and without further expressing any opinion
on merits, the impugned order dated 8/11.12.2008 passed by the Joint
Director of Eduction (10+2) is hereby quashed and set aside and the
matter is remanded to the Commissioner of Schools and Mid Day Meals,
who has passed the impugned order for deciding the same afresh in
accordance with law and on merits and after giving an opportunity to
the petitioner as well as respondent No.3. All the contentions which
are available to the respective parties are kept open. It is agreed
between the parties that the representatives of the petitioner as
well as the respondent No.3 shall remain present before the
respondent No.2 Commissioner of Schools and Mid-day Meals, State
of Gujarat on 9.2.2009 at 1.00 p.m. and make their submissions and
thereafter the respondent No.2 to pass an appropriate order in
accordance with law and on merits and communicate the outcome to the
same to the respective parties accordingly. Rule is made absolute
accordingly. In the facts and circumstances of the case, there shall
be no order as to costs. Direct service is permitted.
(
M.R. SHAH, J. )
syed/
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