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SCA/4685/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4685 of
2011
=========================================================
SANDEEP
RAMESH PANDYA PRINCIPAL - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH COMMISSIONER OF & 3 - Respondent(s)
=========================================================
Appearance
:
MR
CHETAN K PANDYA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
MR
AD OZA for Respondent(s) : 2,
NOTICE SERVED for Respondent(s) :
3,
MR GM JOSHI for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/08/2011
ORAL
ORDER
Heard
learned Advocate Mr. Chetan K. Pandya for petitioner, Mr. Maulik
Nanavati, learned AGP for respondent No.1, learned Advocate Mr. AD
Oza for respondent NO.2 and 3 as well as learned Advocate Mr.GM
Joshi for respondent NO.4.
In
this matter, NOC was given by District Education Officer, Ahmedabad
(Rural) on 3.9.2004 for Secondary School for post of Head Master.
Services of petitioner were terminated by Asia Charitable Trust by
order dated 21.4.2011 page 46 Annexure K while relying upon order
dated 15.2.2011 page 17 passed by Joint Director (Accounts) Gujarat
State Gandhinagar and, therefore, contention has been raised by
learned advocate Mr.Joshi for respondent no.4 that petitioner is
having alternative effective and statutory remedy under section 38
of Gujarat Secondary and Higher Secondary Education Act, 1972
to approach concerned Tribunal. Section 38 of said Act provides
dispute to be decided by Tribunal. Sub section (1) thereof provides
where there is any dispute or difference between the manager of a
registered private primary secondary school and any person in
service of such school as head master, a teacher or a member of non
teaching staff, which is connected with the conditions of service of
such person, the manager or, as the case may be, the person may
make an application to the Tribunal for the decision of the dispute.
Section 40 thereof provides bar of jurisdiction of Courts. In light
of this back ground, considering contention raised by learned
advocate Mr.Joshi appearing for respondent NO.4, petitioner is
having alternative equally efficacious and statutory remedy to
approach concerned tribunal as per section 38 of Gujarat Secondary
and Higher Secondary Education Act, 1972 for challenging termination
order dated 21.4.2011. Therefore, on that ground alone, this
petition is not entertained by this Court. Accordingly, this
petition is disposed of by this Court without expressing any opinion
on merits, with a liberty to approach the Tribunal for challenging
termination order dated 21.4.2011 by filing necessary application
under section 38 of the Act.
(H.K.
Rathod,J.)
Vyas
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