MAGANBHAI BHIKHABHAI MISTRI Vs. OLPAD TALUKA AZADDIN

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution the petitioner who is the senior most teacher in the school down as Mahadev Shastri Vidyalaya run and managed by the respondent to. 1 trust challenges the order of Gujarat Secondary Education Tribunal dismissing his application in line as in the opinion of the Tribunal it did not disclose any cause of action inasmuch as there was no averment as to the breach of conditions of service which would invest the Tribunal with jurisdiction. the petitioner was required to move the Tribunal since he was not selected for the post of first Head Master of the said school inspite of the fact that he was the senior most teacher amongst eligible and suitable candidates for the said post. The Tribunal could not pursuade itself to entertain the petition since in its opinion the appointment was to be made purely on merits and the opinion of the Selection Committee about the suitability of the petitioners claim was not justiciable. It is this order of the Tribunal which is the subject-matter of this petition.

(2.) At the time of hearing of this petition Mr. Ajmera the learned advocate for the petitioner raised the following two contentions:

(3.) The contention of Mr. Sanjanwala based in decision of this court in Spl. C. A. 843/79 would not assist the cause which he is representing before me. Two questions arose before Bhatt J. in the said Special Civil Application. The first question was whether the Tribunal was competent to reject the application in limine and secondly whether the Tribunal was right in its conclusion that the petition disclosed no cause of action in terms of sec. 38 of the Act. The learned Judge answered the first question against the petitioner of that Special Civil Application holding that the Tribunal was competent to reject applications before it in limine. The learned Judge however qualified his answer by adding the following qualification: