FORWARD EDUCATION TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred this petition challenging the order, dated 11-29. 09. 2003 passed by the DEO whereby the respondent No. 4 is ordered to be absorbed in the petitioner-school as per the impugned order Annexure "b".

(2.) HEARD Mr. Gandhi for the petitioner, Mr. Chauhan, Ld. AGP for respondent No. 1, 2 and 3 and Ms. Vays for respondent No. 4.

(3.) UPON hearing the parties, it appears that there is no dispute on the point that the respondent No. 4 was initially appointed in the petitioner school and thereafter on account of closure of the classes he was declared as surplus. There is also no dispute on the point that though the respondent No. 4 was declared surplus and permission for closure of classes was granted, one of the conditions was that as and when the permission to open additional class is given, the respondent No. 4 shall be absorbed by the school management. There is also no dispute on the point that subsequently the petitioner trust has obtained permission to open new class and the respondent No. 4 is not absorbed.