PRINCIPAL SECONDARY SCHOOL ARNEJ Vs. PARMAR SAMANTBHAI UKABHAI

JUDGEMENT

(1.) The matter was called out twice, in the morning and in the afternoon, but none is present for the petitioner as well as for respondent no.1.

(2.) The present writ petition is filed by the petitioners challenging the order dated 21.6.1990 passed by the Gujarat Secondary Education Tribunal, Ahmedabad ("the Tribunal" for brevity) in Application Nos.601 of 1988 and 482 of 1989, whereby the order of termination dated 5.8.1989 was quashed. It was ordered that respondent no.1, Parmar Samantbhai Ukabhai be reinstated from the date of the order. In the petition, the petitioner had earlier challenged the virus of the Gujarat Secondary Education Act, 1972 as applicable to Gujarat, but subsequently said prayer was deleted on 26.9.1994.

(3.) Learned Assistant Govt. Pleader, Mr.K.P. Raval, appearing for the District Education Officer, Amreli, respondent no.2 herein has pointed out that the Tribunal has considered the facts of the case in detail and has thereafter held that the school could and should have instituted an inquiry by a person other than the Headmaster so that justice could not only have been done but would have appeared to have been done. It is also held by the Tribunal that the inquiry report does not seem to have been supplied to the applicant and the second show cause notice does not mention the inquiry report to have been enclosed. The case of the applicant that the inquiry report was not sent to him, got support from the second show cause notice, exhibit 'F'.