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SCA/10319/1998 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10319 of 1998
=========================================================
B
M PATEL EDUCATION TRUST & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
BIREN A VAISHNAV for
Petitioner(s) : 1 2.
MR JASWANT
K SHAH AGP for Respondent (s) : 1
MR RM DESAI for Respondent(s) :
2 - 3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/04/2010
ORAL
ORDER
1.0 By
way of present petition, the petitioners have prayed for following
relief/s:
(A) Allow
this petition with costs.
(B) Quash
and set aside the communications dated 12.10.1998 and 01.04.1998
being illegal, arbitrary and violative of Article 14 of the
Constitution of India.
(C) Declare
the action of the respondents in issuing the Resolution dated
21.05.1994, pursuant to which the D.E.O has passed the order dated
25.08.1998, as illegal and arbitrary as the same restrict the
School Management from recruiting the Teachers in the subjects of
their requirement and the School is thrust upon such Teachers which
are not required by them.
(D) Direct
the Respondent District Education Officer to permit the Petitioner
School to complete the process of selection, initiated pursuant to
the advertisement dated 11.06.1997, ignoring the orders dated
01.04.1998, 25.08.1998 and 12.10.1998 respectively.
2.0 Having
perused the materials produced on record, it transpires that by
efflux of time, the petition has become infructuous. Hence, the
petition stands disposed of as having become infructuous. Rule is
discharged with no order as to costs. Interim relief, if any, stands
vacated. Liberty to revive in case of difficulty.
(K.S.JHAVERI,
J.)
niru*
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