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SCA/1064520/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10645 of 2008
=========================================================
PATEL
BABULAL SHANKERDAS - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER & 3 - Respondent(s)
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Appearance
:
MS
MAMTA R VYAS for
Petitioner(s) : 1,
MR HS MUNSHAW for Respondent(s) : 1,
NOTICE
SERVED BY DS for Respondent(s) : 2 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 15/10/2008
ORAL
ORDER
1. Rule
qua the observation made by the authority in the transfer order that
the petitioner will not be entitled to become a principal in future.
2. This
Court is not inclined to stay the transfer order inasmuch as the main
ground that the transfer is malafide and is done at the instance of
the Sarpanch and her husband, cannot be considered as neither the
Sarpanch nor the husband of the Sarpanch is joined as a party
respondent. In my view, the transfer order reflects no aspect other
than service exigency and therefore it would not be in the interest
of justice to interfere in the administrative decisions of an
institution or authority. In that view of the matter, this Court is
not inclined to stay the transfer order.
3.
However, the observation made in the impugned transfer order by the
authority regarding the petitioner not to be considered for the post
of Principal is hereby stayed.
(K.S.
JHAVERI, J.)
Divya//
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