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SCA/3277/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3277 of 2010
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PANCHMAHALS
JILLA SARVODAYA EDUCATION TRUST, THROUGH - Petitioner(s)
Versus
DISTRICT
EDUCATION OFFICER, PANCHMAHALS DISTRICT & 2 - Respondent(s)
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Appearance :
MR
RR VAKIL for
Petitioner(s) : 1,
None for Respondent(s) : 1 - 2.
MR JK SHAH
AGP for Respondent(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 15/03/2010
ORAL
ORDER
1. By
way of this petition, the petitioner has prayed for the following
reliefs;
(a) Be
pleased to allow this petition.
(b) Be
pleased to issue a writ of mandamus or any other appropriate writ,
order or direction by quashing and setting aside the order dated
29.09.2009 at Annexure-A and the order dated 01.12.2009 at Annexure-B
and further be pleased to direct the respondents to allow the
petitioner trust to restart Acchala Chhariya Secondary School at
Village Simaliya, Taluka Godhra, District Panchmahals from the
academic year 2010 2011.
(c) Be
pleased to issue a writ of mandamus or any other appropriate
direction directing respondent no.2 and 3 to decide the appeal dated
16.12.2009 of the petitioner trust at Annexure-F to the petition
immediately;
(d) Pending
admission, hearing and final disposal of this petition, be pleased to
direct respondent nos.2 & 3 to decide the appeal of the
petitioner trust dated 16.12.2009 at Annexure-F to the petition
immediately;
(e) &
(f) ……..
2. Learned
counsel for the petitioner states that against the impugned order
passed by respondent no.1, the petitioner has preferred an appeal
before the competent authority in the State Government and that the
same is pending.
3. Heard
learned counsel for the respective parties. Considering the fact that
the appeal preferred by the petitioner, as aforesaid, is pending
adjudication by the competent authority in the State Government, in
the fitness of things, it would be appropriate that the same is
decided expeditiously. Hence, the authority concerned, before whom
the appeal preferred by the petitioner, against the order passed by
respondent no.1 is pending, is directed to hear and dispose of the
same, within a period of eight weeks from today. It is made clear
that if the authority concerned is not in a position to dispose of
the appeal within the period stipulated herein above, it shall move
appropriate application before this Court, before the expiry of the
said period, for extension of the time limit, in which case, the
Court shall examine the issue on its own merits at the relevant time.
With the above observations, the petition stands disposed of. Direct
service permitted.
[K.S.JHAVERI,
J.]
Pravin/*
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