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SCA/10551/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10551 of 2008
==========================================
M
B YADAV - MANAGING TRUSTEE &MANAGER - SARVODAY EDUCATION
Versus
STATE
OF GUJARAT & ORS
==========================================
Appearance
:
MR BIPIN P JASANI for
Petitioner:1
GOVERNMENT PLEADER for Respondent:1
None for
Respondents:2-4
==========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 22/08/2008
ORAL ORDER
Heard
Mr.Jasani, learned Advocate for the petitioner.
The
learned Advocate submitted that the Commissioner, Mid-day-meal and
Schools, Gujarat State, Gandhinagar decided representation dated
23rd August, 2008 by order dated 18th October,
2007. He submitted that thereafter an order is passed in Application
No.92 of 2007 filed by the Teacher concerned-respondent No.4 herein,
wherein the the Commissioner Schools was also party on 2nd
July, 2008.
The
learned Advocate for the petitioner submitted that the order of
Commissioner Mid-day-meal and Schools, Gujarat State, Gandhinagar
dated 18th October, 2007 is required to be varied in
light of the observations made by the Gujarat Higher Secondary
Services Tribunal, Ahmedabad in its aforesaid order.
The
learned Advocate for the petitioner seeks permission to withdraw the
petition with a view to approach the Commissiner of Schools again
pointing out the aforesaid decision of the Gujarat Higher Secondary
Services Tribunal, Ahmedabad in Application No.92 of 1997 dated 2nd
July, 2008 and praying for necessary variation in order dated 18th
October, 2007.
The
learned Advocate for the petitioner requested that if the
Commissioner of Schools could be directed to consider the same and
decide the matter expeditiously. It goes without saying that if the
Commissioner of Schools is appraised by the petitioner of the order
passed by the Gujarat Higher Secondary Services Tribunal, Ahmedabad
in Application No.92 of 2007, the Commissioner of Schools will look
into the matter and will decide as to whether order dated 18th
October, 2007 is required to be varied or not. The Commissioner of
Schools shall decide the matter of the petitioner as expeditiously
as possible.
The
petitioner shall approach on or before 15th September,
2008 and the Commissioner of Schools to decide the same on or before
28th October, 2008.
With
the above observation and direction, the petition is disposed of.
Direct Service is permitted.
(RAVI
R.TRIPATHI, J.)
Amit/-
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