KANAM KELAVANI MANDAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Assistant Government Pleader is directed to waive service on behalf of the respondents. By consent of the parties, the petition is taken up for final hearing and disposal today.

(2.) THIS petition under Article 226 of the Constitution primarily challenges order dated 15. 05. 2004 made by respondent No. 3 - District Education Officer as confirmed by order dated 07. 12. 2006 made by respondent No. 2 - Commissioner.

(3.) THE petitioner is a Public Trust running a School at village Itola and entitled to Grant-in-Aid. In 2003 the post of Principal fell vacant. The petitioner approached the District Education Officer seeking permission to fill-up the said post and accordingly requisite No Objection Certificate was issued by the District Education Officer vide communication dated 18. 06. 2003. The petitioner published an advertisement on 27. 06. 2003. The interview was scheduled originally on 05. 11. 2003 but was changed to 06. 11. 2003. On the said date, viz. 06. 11. 2003 due to boycott call by the Association of Management of the Schools in the State of Gujarat the interview could not take place. Subsequently the date for interview was fixed on 04. 12. 2003. It is the say of the petitioner that the representatives of the petitioner were present from 9. 00 a. m. on 04. 12. 2003 but the representatives of Gujarat Secondary and Higher Secondary Education Board did not turn up and hence, the representatives of the petitioner left the venue of the interview. Subsequently, the interview was once again scheduled on 20. 02. 2004 but changed to 22. 02. 2004. It is the say of the petitioner that the representatives of the petitioner remained present on 22. 02. 2004 but neither the representatives of the Board were present nor was the District /home/bhatt/mca192307o1. sxweducation Officer present. According to the petitioner the post of the Principal could not be filled up due to no fault on part of the petitioner. To complete the chain of events it is necessary to record that the post of Principal has since been filled up pursuant to interview held on 09. 09. 2004.