MAHENDRASINH TEJUSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In SCAs No.1577/2003, 1578/2003 and 1579/2003, this Court on 17-2-2003 had passed the order of issuing notice for final disposal pursuant to which Mr.Janak Raval for Mr.Manish Patel, appears on behalf of respondent No.3. Mr.Raval states that respondent No.4 is duly served. However, nobody appears on behalf of respondent No.4. Mr.Dabhi, learned AGP has appeared on behalf of respondents No.1 and 2. So far as SCA No.3530/2003 is concerned, yesterday when it was mentioned, the learned Counsel appearing for the petitioner was instructed to give advance copy to the office of the Government Pleader and today Mr.Dabhi has appeared in the matter stating that he has received instructions to appear on behalf of respondents No.1 and 2 through Mr.M.A.Patel, Dy. Director, Primary Education.

(2.) Therefore, Rule in SCA No.3530/2003. Mr.Dabhi waives service of notice of rule on behalf of respondents No.1 and 2. With the consent of all the learned Counsel for the parties, this matter is also taken up for the final hearing with SCA No.1577/2003 and allied matters. Since all these petitions are arising from the common facts and issue involved is also common, they are being dealt with together by this judgement.

(3.) Having heard Mr.Raval appearing with Mr.Patel, Mr.Janak Raval for District Panchayat and Mr.Dabhi appearing on behalf of the State Government and Director of Primary Education, it appears that the present case is fully covered by the decision of this Court dated 25-3-2003 delivered in SCA No.3189/2003 and allied matters. The only distinguishing feature is that in the aforesaid decision the notice was issued by the TDO, Vadali, whereas in the present case, the notice pursuant to the circular has been issued by the TDO, Idar as per the notice dated 7-2-2003. In my view, no elaborate reasons are required to be recorded since the matter is covered by the said decision and since the stand on behalf of the petitioners is also the same and so is the case so far as the Government is concerned.