Patel vs District on 15 October, 2008

Gujarat High Court
Patel vs District on 15 October, 2008
Author: Ks Jhaveri,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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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)
 

=========================================================
 
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. 
=========================================================


 
	  
	 
	  
		 
			 

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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