STATE OF GUJARAT Vs. GOVINDBHAI Z CHUVALIA

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India assails the legality and correctness of an order dtd. 29/2/2012, passed by the Additional District Court in Civil Appeal No.58 of 2009, whereby the 7 th Additional District Judge, Ahmedabad (Rural), Mirzapur, suo motu, directed the petitioner, Commissioner, Higher Education, to produce and submit the original office file, exercising its jurisdiction under Order 41 Rule 27 of the Civil Procedure Code.

(2.) Facts and circumstances giving rise to file the present petition are that, respondent-Govind Zinabhai Chuvalia had filed Regular Civil Suit No.887 of 1998 before the Civil Court, Ahmedabad (Rural) for declaration and permanent injunction. The respondent-plaintiff was aggrieved with the appointment of one Mr.Govindbhai Patel as a Principal in the school namely Gramya Bharti Vidyalaya. It is the case of the plaintiff that, he was qualified for the post and despite the compliance of the condition of the advertisement, the defendant- Government Authority did not have considered his candidature and was not called for any interview for the post and without any qualification, the defendant appointed one Mr.Govind Patel as a Principal which action is illegal, against the principle of natural justice and same is required to be declared illegal and further prays for injunction to the effect that, the authority shall not pay salary and other perks to the person appointed on the post. Learned trial Court after giving the opportunity to both the parties to lead the evidence and considering the oral as well as documentary evidence produced on record, dismissed the suit vide its judgment and decree dtd. 31/3/2005. Learned trial Court on the issue of jurisdiction as raised by the petitioner-Government, held that, the provision of Gujarat Secondary Education Act, 1972 and Rules thereunder are not applicable as the dispute raised by the parties would not fall under Sec. 38 of the Act, 1972.

(3.) The original plaintiff-respondent being aggrieved with the order of dismissal of suit, preferred an appeal before the District Court, Ahmedabad (Rural) and same is registered as Regular Civil Appeal No.58 of 2009. The 7 th Additional District Judge thought it fit that, the original case papers require to be produced to enable to decide the dispute between the parties, vide order dtd. 29/2/2012, directed the petitioner authority to submit original records and further directed the Commissioner, Higher Education, State of Gujarat to file a report within 30 days.