Gujarat High Court
Adarsh vs State on 23 June, 2011
Author: D.H.Waghela
Bench: D.H.Waghela
Gujarat High Court Case Information System
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SCA/6988/2011 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6988 of 2011
=========================================
ADARSH
KELAVNI MANDAL AND ANOTHER
Versus
STATE
OF GUJARAT AND OTHERS
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Appearance
:
MR CHIRAG B PATEL for
Petitioners.
None for
Respondents.
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CORAM
:
HONOURABLE
MR.JUSTICE D.H.WAGHELA
Date
: 23/06/2011
ORAL
ORDER
The petitioner has sought to challenge order dated 22nd December 2010 of the Gujarat Secondary Education Tribunal at Ahmedabad in the applications made by seven teachers serving under the petitioner. The petitioner, who was respondent in those applications, has made the grievance that the incidental direction given in the impugned order to the petitioner to send a proposal to the District Education Officer for closure of classes was unnecessary and without jurisdiction. All the contentions of the petitioner were based upon the factual assertion that average number of students in the respective classes were higher than required for continuing the classes. However, it is recorded as a finding of fact in the impugned order that no evidence was placed before the tribunal by the petitioner about the average attendance. Therefore, the conclusion that average attendance of the students had fallen below requisite number could not be assailed and the petitioner could not claim continuation of those classes as a matter of right in view of the policy of the Government. Therefore, the petition is dismissed as devoid of merits.
(D.H.Waghela, J.) *malek Top