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SCA/6988/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6988 of 2011
=========================================
ADARSH
KELAVNI MANDAL AND ANOTHER
Versus
STATE
OF GUJARAT AND OTHERS
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Appearance
:
MR CHIRAG B PATEL for
Petitioners.
None for
Respondents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 23/06/2011
ORAL
ORDER
The
petitioner has sought to challenge order dated 22nd
December
2010 of the Gujarat Secondary Education Tribunal at Ahmedabad in the
applications made by seven teachers serving under the petitioner.
The petitioner, who was respondent in those applications, has made
the grievance that the incidental direction given in the impugned
order to the petitioner to send a proposal to the District Education
Officer for closure of classes was unnecessary and without
jurisdiction. All the contentions of the petitioner were based upon
the factual assertion that average number of students in the
respective classes were higher than required for continuing the
classes. However, it is recorded as a finding of fact in the
impugned order that no evidence was placed before the tribunal by the
petitioner about the average attendance. Therefore, the conclusion
that average attendance of the students had fallen below requisite
number could not be assailed and the petitioner could not claim
continuation of those classes as a matter of right in view of the
policy of the Government. Therefore, the petition is dismissed as
devoid of merits.
(D.H.Waghela,
J.)
*malek
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