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CA/5126/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5126 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5202 of 2010
With
CIVIL
APPLICATION No. 5573 of 2010
In
CIVIL
APPLICATION - FOR STAY No. 5126 of 2010
=========================================================
POPATBHAI
DEVJIBHAI BHUVA EDUCATION TRUST - Petitioner(s)
Versus
COLLECTOR
& 4 - Respondent(s)
=========================================================
Appearance
:
MR
GM AMIN for
Petitioner(s) : 1,
None for Respondent(s) : 1,3 - 5.
MS JIRGA
JHAVERI, Assistant Government Pleader for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
MR JUSTICE K. A. PUJ
Date
: 19/05/2010
ORAL ORDER
The petitioner has
initially filed Special Civil Application No.5202 of 2010 wherein
notice was issued by this Court on 5.5.2010 making it returnable on
6.7.2010. Thereafter, the petitioner has filed Civil Application
No.5126 of 2010 on 7.5.2010 making prayer against the respondents
from taking over the management or appointing any Administrator of
the school and interfering in the educational activities of the
applicant trust. In the said application, the Court has asked the
learned Assistant Government Pleader to take instructions regarding
apprehension of the petitioner that an Administrator is being
appointed for the petitioner institution. The said application was
adjourned to 14.5.2010 and, thereafter, to 15.6.2010. Thereafter,
the applicant has filed present Civil Application i.e. Civil
Application No.5573 of 2010 making more or less similar prayer and
requesting the Court to hear Civil Application No.5126 of 2010 and
issue necessary direction to the opponents during pendency and/or
final disposal of the main petition.
Heard Mr.G.M.Amin,
learned advocate appearing for the applicant trust and Ms.Jirga
Jhaveri, learned Assistant Government Pleader for the State.
The applicant’s
apprehension with regard to appointment of Administrator or taking
some action by the opponents for taking over the management of the
applicant trust is premature at this stage in view of the statement
made by the learned Assistant Government Pleader under instructions
of Mr.R.G.Aghera Principal, Kamribai High School, Jetpur for
District Education Officer, Rajkot, respondent No.2, that before
taking any action in this regard, the authority will issue notice
under Section-33 of the Gujarat Secondary Education Act, 1972
calling for explanation of the applicant trust. As and when such
notice is issued the applicant trust will give its explanation and
after considering the said explanation and/or hearing the applicant,
an appropriate order will be passed in the matter. It is always open
to challenge the said order, if it is adverse to the applicant.
In the above view of the
matter, no order is required to be passed in these two Civil
Applications at this stage.
In the above view of the
matter and in view of the statement made by the learned Assistant
Government Pleader under instructions of Mr.R.G.Aghera
Principal, Kamribai High School, Jetpur for District Education
Officer, Rajkot, respondent No.2, both these applications are
accordingly disposed of without any order as to costs. Direct
service is permitted.
(K. A. PUJ, J.)
kks
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