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SCA/16510/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16510 of 2010
=========================================================
PURSHOTTAM
KACHARABHAI PATEL - Petitioner(s)
Versus
EDUCATION
SECRETARY & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SUDHAKARBJOSHI for
Petitioner(s) : 1,MR CHAITANYA S JOSHI for Petitioner(s) : 1,
MR.
JANAK RAVAL, LEARNED ASST. GOVERNMENT PLEADER for Respondent(s) : 1 -
2.
None for
respondent
No.3
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 10/01/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed with the following prayers:-
“(a) Issue
a writ of mandamus or a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the Respondents, their
officers, agent and servants directing the Respondent DEO to transfer
the Petitioner from the G.M. Patel High School, Nadasa to either of
the two schools providing Higher Secondary course;
(b) Issue
a writ of mandamus or a writ in the nature of mandamus or any other
appropriate writ, order or direction directing the Respondents, their
officers, agent and servants directing the Respondent DEO to transfer
the Petitioner from the G.M. Patel High School, Nadasa to any other
School in the city of Ahmedabad out of the 22 school having
vacancies;
(c) Pass
any other necessary order in the interest of justice;”
2. At
the very outset, Mr. Chaitanya S. Joshi, learned advocate for the
petitioner states that the interest of justice would be met, if the
petitioner is permitted to make a fresh representation to respondent
No.3(District Education Officer) in order to voice the grievances
made in the petition.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed:-
(a) The
petitioner is permitted to make a representation to respondent
No.3(District Education Officer), within a period of 15 days from
today.
(b) In
the event that the petitioner makes a representation to respondent
No.3, within a stipulated period of time, respondent No.3 may
consider and decide the same, in accordance with law, after giving
the petitioner an opportunity of personal hearing.
(c) The
representation may be decided, as expeditiously as possible, and
preferably within a period of two months from the date of receipt
thereof.
4. The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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