PRAVINSINH SHAMANTSINH SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The order of dismissal from service was served on the petitioners personally at Central Prison and the notice to show cause was also served on them at Central Prison and therefore the petitioners were under the impression that the order on appeal shall also be communicated to them at Central Prison. The Advocate of the petitioners did not communicate to the petitioners that their appeal was rejected and it is only when one of the accused persons was released on parole that he came to know about the rejection of the appeal of the petitioners and when he informed the petitioners about that fact the petitioners came to know that their appeal was rejected. From the date of said knowledge the petitioners have immediately filed the appeal before the Surendranagar District Education Committee. In my opinion it shall have to be accepted that the petitioners had no knowledge about the fact that their appeal was rejected by the Surendranagar District Education Committee. From the communication which is annexed at Annexure "F" to the petition dated 29-10-90 it becomes clear that the same was addressed to the Advocate of the petitioners and not to the petitioners. Petitioners had therefore no knowledge of the fact that their appeal was rejected and when they came to know about the rejection of their appeal they filed appeal before the Surendranagar District Education Committee. Therefore Surendranagar Education Committee was not justified in rejecting the appeal solely on the ground that the same was filed beyond prescribed period of limitation. As such the appeal of the petitioners was required to be heard on merits and decided on merits. Delay caused in filing appeal before the Appeal Committee under Section 24(2) of the Bombay Primary Education Act, 1947 was required to be condoned and the appeals were required to be entertained on merits. Said delay is hereby condoned and direction is issued to the Appellate Committee to decide the appeal preferred by the petitioners on merits. Rule made absolute.