MAHESH T RABARI Vs. DIRECTOR OF PRIMARY EDUCATION

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the order dated 11th April 2001 passed by the learned Single Judge whereby Special Civil Application has been rejected.

(2.) The original petitioner and the appellant herein was appointed pursuant to an advertisement whereby applications were invited from persons possessing the qualifications in Agricultural Trade though the Trade Instructor was required to be appointed for Computer training. The interviews were held on 17th Aug.2000. The Selection Committee recommended the name of the petitioner-appellant and on the basis of the recommendations, he was appointed in Shri S.H.Modi Training College for Men, Ranuj Taluka, Dist. Patan. This institution gets grant from the Government and the Government was required to ensure that only qualified and eligible persons are appointed in this institution. The appointment given to the appellant - petitioner was not found to be in order by the Jt. Director and the Jt.Director found that the appointment of the appellant herein and the original petitioner was absolutely arbitrary and illegal inasmuch as, he did not possess any qualification whatsoever in Computer training and accordingly the termination order dated 21st Oct.2000 was passed against the petitioner whereby his services were terminated with effect from 30th Nov.2000.

(3.) Special Civil Application No.11609 of 2000 was preferred challenging the aforesaid order dt.21st Oct.2000 and this Special Civil Application was decided on 29th Nov.2000. The Court found that no reasonable opportunity had been given by the respondent institute to the petitioner before passing the adverse order and therefore the termination order dt.21.10.2000 was stayed before it could become effective from 30.11.2000 and the appellant was directed to approach the higher authorities within a period of 10 days from the date of the order, i.e. 29th Nov.2000. The representation was directed to be considered and decided by the respondents in accordance with law after affording reasonable opportunity to the appellant within a period of three weeks thereafter. The Court, while passing the order dated 29th Nov.2000 had stayed the termination order till the final decision that may be given by the respondent no.1. It was further ordered that in case any adverse order is passed against the appellant, he shall be entitled to challenge the same before the appropriate forum and in that situation, the respondent no.1, i.e. the Director of Primary Education shall make a suitable endorsement staying the implementation of his order for a further period of 10 days from the date of communication of such adverse order to the petitioner. Special Civil Application No.10609 of 2000 was disposed of accordingly.