PALITANA EDUCATION SOCIETY Vs. HARSHABEN JAYAAMOUILAL BHAL

JUDGEMENT

(1.) THE present petition is filed by the Petitioner Palitana Education Society under Article 226 of the Constitution of India as well as under the provisions of Gujarat Secondary and Higher Secondary Education Act, 1972 (hereinafter referred to as "the Act") and also under the provisions of Gujarat Secondary Education Regulation, 1974 (hereinafter referred to as "the Regulation") for the prayer inter alia that the impugned order passed by Respondent No.2 - District Education Officer, Bhavnagar dated 10/11.12.2014 may be quashed and set aside on the grounds stated in the petition.

(2.) HEARD learned Advocate Shri D.G.Shukla for the petitioners. He has referred to the papers and the record. To summarize the submission he has emphasized that though Respondent No.1 employee (Principal) was informed, she had failed to comply with the direction of the management (Petitioner Trust) which ultimately lead to the order of termination. Learned Advocate Shri Shukla submitted that after giving the show cause notice and following the procedure, the Petitioner Trust had applied for necessary approval as per Annexure -D dated 14.10.2013 before the District Education Officer, Bhavnagar ("DEO, Bhavnagar"). However, the approval has not been granted and the DEO, Bhavnagar, vide communication / order dated 13.2.2014 at Annexure -L directed to afford hearing as per Section 27 of the Regulations and take necessary decision after providing an opportunity of hearing to Respondent No.1 Principal of the school. However, learned Advocate Shri Shukla submitted that before the order / communication dated 13.2.2014 is passed, the service of Respondent No.1 has been terminated vide communication dated 11.2.2014 at AnnexureK.

(3.) LEARNED Advocate Shri Shukla submitted that as per Section 36 of the Act, the procedure is required to be followed, and the Petitioner Trust, as required under Section 36(2) of the Act, sought approval of the DEO, Bhavnagar, and such approval is required to be granted within 45 days. He emphasized that as provided in Section 36(2) of the Act, if the decision is not communicated to the Management by the said officer within such period, the action proposed to be taken shall be deemed to have been approved by the said officer. He has therefore emphasized: