JAYSHRIBEN MOHANLAL UPADHYAY Vs. SHREE SARASWATI BALMADIR MANDAL

JUDGEMENT

(1.) The present petition has been filed inter alia challenging the order dtd. 2/5/2016, whereby the petitioner has been dismissed from service.

(2.) At the outset, learned advocate Mr. A.S. Asthavadi appearing for the respondent Nos. 1 and 2 and learned advocate Mr. Manish Patel appearing for the respondent Nos. 3 and 4 have submitted that the writ petition cannot be entertained in view of the statutory remedy available before the Tribunal as per the provisions of the Gujarat Primary Education Act, 1947 (for short "the Act").

(3.) The petitioner was serving as a Teacher in the respondent No. 2-School and she has been appointed on 11/7/1988. It appears that the petitioner wanted to visit USA and accordingly, she had filed an application informing the respondent-School in this regard. However, she left to USA, without getting her leave sanctioned and ultimately she is dismissed from service for such misconduct.