SCA/1406/1996 2/ 3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 1406 of 1996 For Approval and Signature: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI ========================================= 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 ? ========================================= ADARSH YUVAK MANDAL - Petitioner(s) Versus DIST EDUCATION OFFICER - Respondent(s) ========================================================= Appearance : NOTICE SERVED for Petitioner(s) : 1,MR NIRAL R MEHTA for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI Date : 18/06/2008 ORAL JUDGMENT
Present
petition is filed by the petitioner-Adarsh Yuvak Mandal through its
President/ Secretary praying that :
ýSVIII
(B) Be pleased to issue a writ of mandamus or a writ in the nature of
mandamus or any appropriate writ, direction or order, quashing and
setting aside the order dated 1/2/96 passed by the respondent at
Exh.ýýEýý to the petition;ýý
The
petition is filed on 20th February 1996. The first order
was passed on 22nd February 1996 by this Court (Coram :
Hon’ble Mr.Justice Rajesh Balia). The order is as under :
ýSRule
returnable on 15.3.96. Meanwhile, operation of order dated 1.2.96
shall remain stayed. Direct Service permitted.ýý
It
is unfortunate that though the Rule was made returnable on 15th
March 1996, the matter has remained pending till date and the order
dated 01st February 1996 has remained stayed all these
days. In view of that, to allow the operation of order dated 01st
February 1996 will not be justified by any far stretched reasons
also. Only on the ground that the
authorities have not taken any steps to get the stay granted against
order dated 01st February 1996 vacated, the petition is
allowed. Order dated 01st February 1996 is
quashed and set aside only on the short ground of delay and latches
in getting the stay order not vacated.
At
the request of Ms.Krina Calla, learned Assistant Government Pleader,
it is clarified that quashing of order dated 01st
February 1996 does not preclude the authorities from taking
appropriate action against the school, if there are subsisting
reasons.
At
the request of Mr.Niral Mehta, learned advocate appearing for
petitioner, it is also clarified that the observations made
hereinabove will not be construed to mean that the Court wants the
authorities to take any action against the school, if otherwise not
warranted.
With
these observations, the petition is allowed. Rule is made absolute
with no order as to costs.
(Ravi
R. Tripathi, J)
Aakar