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SCA/7993/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7993 of 2010
=========================================================
PADMA
KALMESH LAKHANI - Petitioner(s)
Versus
PRINCIPAL
KANJANI GURNOMAL KHIALDAS & 2 - Respondent(s)
=========================================================
Appearance
:
MS.P
J.JOSHI for
Petitioner(s) : 1,
MR HEMANT B RAVAL for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2,
SERVED BY AFFIX.(N) for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 14/09/2010
ORAL
ORDER
Heard
learned Advocate Ms. PJ Joshi for petitioner and learned Advocate
Mr.Hemant B. Raval for respondent NO.1. Learned AGP Ms.Jirga Jhaveri
is appearing for respondent NO.2. Notice has been served to
respondent no.3 by affixing but no appearance has been filed by
respondent no.3. Therefore, this court passed following order on 3rd
September, 2010 :
1. Heard
learned advocate Ms.P.J.Joshi appearing on behalf of petitioner and
learned advocate Mr.Hemant B. Raval appearing on behalf of
respondent No.1. Though notice is served to respondent No.2 –
District Education Officer, Ahmedabad, no appearance is filed on
behalf of respondent No.2. Though fresh notice is issued to
respondent No.3 Kamlesh
Devandas Lakhani by this Court in pursuance to order dated
12.08.2010, it is not received back. Therefore, the matter is
adjourned to 14.09.2010. Let Registry may verify whether notice
issued by this Court through RPAD is served to respondent No.3 or
not.
2. Meanwhile,
it is directed to respondent No.1 Principal of Kanjani Gurnomal
Khialdas Primary English School, Opp.Post Office, Bunglow Area,
Kubernagar, Ahmedabad 382 340 to issue provisional school
leaving certificate immediately on or before 07.09.2010 in favour of
the daughter of petitioner, subject to the objection of respondent
No.3.
3. This
order is passed by this Court considering the future of student and
without prejudice to the rights and contention of the other side, so
that, it may not come in the way of examination of student which
will be commence from 13.09.2010.
Direct
service today is permitted.
In
view of aforesaid order passed by this court, Principal of
respondent NO.1 Kanjani Gurnomal Khialdas Primary English School has
issued provisional School Leaving Certificate in favour of present
petitioner which has been received by petitioner on 7th
September, 2010 and, therefore, immediate requirement as well as
purpose has been served for which agony, present petition is filed
by petitioner. Therefore, according to my opinion, at this stage,
this petition is required to be disposed of with a direction to
respondent no.1 to communicate to respondent no.3 by Registered AD
letter that in view of order of this court dated 3.9.2010,
respondent no.1 school authority has issued provisional School
Leaving Certificate in favour of petitioner.
In
light of these observations and directions, this petition is
disposed of at this stage without expressing any opinion on merits
and with a liberty in favour of petitioner to file appropriate
proceedings before appropriate forum in accordance with law in case
of any difficulty. Notice is discharged. No order as to costs.
(H.K.
Rlathod,J.)
Vyas
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