SAMIR EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Mr. K. B. Pujara appearing with learned Advocate Mr. Nikul Soni on behalf of the petitioners and learned AGP Mr.Utkarsh Sharma on behalf of the respondent State.

(2.) By this petition the petitioner challenges an order passed by the respondent No.3 herein dtd. 28/6/2021, whereby the request of the petitioner to give approval for appointment of a teacher in the Secondary sec. of the petitioner school has been rejected, on the ground of an amendment in the Gujarat Secondary and Higher Secondary Education Act, 1972, more particularly on account of substitution of Sec. 40(A) of the Act.

(3.) Learned Advocate Mr.Pujara draws the attention of this Court to an approval granted by the respondent No.2 herein dtd. 31/12/2019 for increase in the classes and whereas according to the learned Advocate Mr.Pujara the petitioner had requested for permission to fill up the vacant post, for which NOC has been granted by the respondent No.3 vide communication dtd. 7/4/2021. Learned Advocate Mr.Pujara would submit that an advertisement had been given and the process had been carried out and ultimately vide communication dtd. 24/6/2021 the petitioner School had submitted the file along with check list for approval to the respondent No.2, more particularly informing respondent No.2 that the entire process had completed before 4/6/2021. In response to the said letter the impugned order has been passed by the respondent No.3. Learned Advocate Mr.Pujara would submit that the school is facing acute shortage of teacher in the Secondary sec. and whereas in anticipation of the approval, the selected candidate had been requested to start working and as such the selected candidate has been working from 7/6/2021. Mr.Pujara would submit that appropriate interim relief may be granted by this court to ensure that the school as well as the students of the school are not prejudiced on account of this stalemate which has resulted on account of the amendment in the Act.