GULF EDUCATION SOCIETY Vs. M D SOLANKI

JUDGEMENT

(1.) IN this petition filed under Articles 226 & 227 of the Constitution of India, the petitioner has challenged the order dated 28.04.2000 at Annexure A passed by the Gujarat Primary Education Tribunal in Application No.304 of 1989, filed by the respondent No.1 challenging the order of termination of his services.

(2.) FEW relevant facts necessary for deciding this application are as under: -

(3.) IT appears that on account of affiliation with the Central Board of Secondary Education, the registration of the school was canceled by the State Authority. The District Primary Education Officer informed the Secretary of the petitioner vide communication dated 06.08.1983, placed at Annexure C for not carrying out the inspection of the primary section of the school on the ground that the order cancelling registration was passed by the Secondary Education Board. It further appears that the petitioner made an application dated 18.10.1998 to the District Primary Education Officer copy whereof is placed at Annexure D seeking permission to close primary section of the school pointing out reasons for such closure and to terminate the services of the teachers whose details were provided in the said application. The above details included the respondent No.1 also. The petitioner however, was informed by the District Primary Education Officer by communication dated 19.12.1983 at Annexure E that since the petitioner got affiliation with the Central Board, the school run by the petitioner could be said to be Central School and, therefore, no permission from the office of the Primary Education Officer was required. The petitioner was advised to follow the procedure as per the regulation of the Central Board. The petitioner then issued showcause notice to the respondent No.1 proposing to terminate his service and after inquiry report passed order dated 04.01.1989 putting an end to the services of the petitioner. This order was challenged by the respondent No.1 before the Gujarat Primary Education Tribunal by an application No. 304 of 1989.