SHAILESHBHAI L MEHTA Vs. GHANSHYAM EDUCATION TRUST

JUDGEMENT

(1.) Admitted. Ms. V. P. Shah for Mr. S. R. Brahmbhatt appears and waives service of notice of admission on behalf of respondent No. 1- management. Ms. Binoda Gajjar, learned Assistant Government Pleader waives service of notice of admission on behalf of respondent No. 2. Learned Counsel for the appellant states that no relief is claimed against respondent No. 3-Gujarat Secondary Education Tribunal. The appellant has joined the Tribunal as party respondent since the petitioner had joined the Tribunal as respondent in petition. In the facts and circumstances and with the consent of the parties, the matter is taken up for final hearing today.

(2.) These two appeals arise out of an interlocutory order passed by the learned single Judge in Special Civil Application Nos. 3618 and 3622 both of 1997. On May 7, 1977 the learned single Judge admitted the petitions by issuing Rule thereon. Regarding the interim relief, the learned single Judge observed :

(3.) When the appellant came to know that an order of dismissal was passed even though D.E.O. did not approve the proposed action of the management he approached the Gujarat Secondary Education Tribunal by filing Application No. 767 of 1996. Likewise when the management received the order of D.E.O. disapproving the action of dismissal proposed by the management, it also filed Appeal No. 2 of 1997. Both the appeals are pending.