ATTARHUSEN BADAMIA HUSSENI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal in against the order passed by the learned single Judge dismissing Special Civil Application No. 3233 of 1989 In Special Civil Application No. 3233 of 1989 the appellant herein has prayed for issue of a writ of mandamus or any other appropriate writ for quashing and setting aside the Resolution dated 7/03/1989 and the Circular dated 31/03/1989 which were accused as Annexures A and B to the Special Civil Application. The learned single Judge of our High Court after referring to these Resolution and Circular dated 7/03/1989 and 3 1/03/1989 respectively and also Secs 24 and 54 of the Gujarat (Bombay) Primary Education Act 1947 and also referring to Sec. 131 of the Gujarat Panchayats Act and Schedule III Part II sub-clauses (h) and (i) came to the conclusion that the constitution of the Advisory Committee for advising on the question of transfers are within the powers of the Government and as such these Resolutions which sro sought to be quashed cannot be said to be illegal or without jurisdiction. With these feedings the learned single Judge has dismissed the Special Civil Application. As against this order the present Letters Patent Appeal has been filed.

(2.) Mr. Vakharia learned Counsel appearing for the appellant mainly contended that such Advisory Committee cannot be constituted by the Government and there is absolutely no provision in the Bombay Primary Education Act to constitute such a committee. Ho also refers to Secs. 24 and 54 of the Bombay Primary Education Act. As far as Sec. 54 of the Act is concerned Mr. Vakharia may be correct to the extent be says that it has nothing to do for giVing the powers to the State Government to constitute such Advisory Committee. As far as Sec. 24 is concerned Mr. Vakharia states that the power under Sec. 24 to issue directions can be only by the Director of the Primary Education sad cannot be by the Government. Ho also states that such directions cannot be for constituting a Consultative Committee in order to advise the officer concerned on the question of transfer.

(3.) This submission of Mr. Vakharia has to be considered in relation to the Resolution and Circular passed by the Government and the Director of Primary Education respectively which are annexed as Annexure A and B to the Special Civil Application. For the purpose of completing the narration we reproduce both the Resolution and the Circular herein: