NITINKUMAR KANTILAL PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On a request made by learned advocate Mr. Pandit for the petitioner, the matter is taken up for Final Hearing. The learned advocate for the petitioner invited attention of the Court to a communication dated 24th September 2008, a copy of which is produced at Annexure 'D', page 53. The learned advocate for the petitioner submitted that the decision is reached by the authorities by applying wrong circular, which is not applicable to the facts of the case. The learned advocate for the petitioner relied upon a decision of this Court (Coram: Honourable Mr. Justice KS Jhaveri) in the matter of Dalsukhbhai Harjivanbhai Nagdukiya Vs. State of Gujarat and 04 others in Special Civil Application No. 7543 of 2009, which was decided on 19th April 2010. The learned advocate for the petitioner submitted that for the reasons for which the said petition was allowed, this petition is required to be allowed, as another Special Civil Application being No. 8481 of 2010 was allowed by this Court by judgment and order dated 6th September 2010.

(2.) Learned AGP Mr. Pathak has no objection if the matter is heard finally today. Though served, nobody appears for respondent no. 2.

(3.) For the reasons recorded in Special Civil Application No. 7543 of 2009, which was decided on 19th April 2010, this petition is allowed. The communication dated 24th September 2008 is hereby quashed and set aside. The matter is remitted back to the Commissioner, Mid-day Meal and Schools, Gandhinagar for deciding the case of the petitioner in light of the policy which is applicable to the facts of the present case.