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SCA/2877/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2877 of 2011
With
SPECIAL
CIVIL APPLICATION No. 2399 of 2011
=========================================================
AKHIL
GUJARAT RAJY SHALA SANCHALAK MANDAL THROUGH TRUSTEES & 6 -
Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH CHIEF SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SN SHELAT Sr. Counsel with MR GM AMIN
for
Petitioner(s) : 1 - 7.
MR PK JANI GOVERNMENT PLEADER for
Respondent(s) : 1 - 2.
MR AD OZA for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE J.B.PARDIWALA
Date
: 12/07/2011
COMMON ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
While
arguing the question of validity of the Rules dated 11.2.2011 framed
under Section 35 of Gujarat Secondary and Higher Secondary Education
Act, 1972 and prima-facie as it appears that Section 35 of the Act
as inserted by notification dated 11.2.2011 by Gujarat Education
Laws (Amendment) Act, 2010 (Gujarat Act 2 of 2010) may violate
Section 19(1)(g) of the Constitution of India, the learned counsel
for the petitioner sought for and is permitted to file petition for
amendment challenging the provisions of the amended Section 35 of
the Act.
Post
the matter on 15th July 2011 within five cases along with
the petition for amendment, if any, filed.
(S.J.
MUKHOPADHAYA, CJ.)
(J.B.
PARDIWALA, J.)
zgs/-
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