H H KAPADIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS in all this group of petitions, a common question of law and facts is involved, they are being disposed of by this common judgement.

(2.) IN all this group of petitions under Articles 226 and 227 of the Constitution of India, the respective common petitioners have prayed for an appropriate writ, direction or order declaring the Government Resolution dated 25/09/1987 at Annexure 'a' as discriminatory, arbitrary, irrational and violative of Articles 14 and 19 of the Constitution of India. The respective common petitioners have also prayed for an appropriate direction and order quashing and setting aside the judgement and order of the Gujarat Primary Education Tribunal at Ahmedabad passed in Applications No. 14 to 23 of 1988, 187 of 1988 and 190 to 192 of 1988, granting the benefit of Resolution dated 25/09/1987 in respect of the original applicants - private respondents herein with effect from 22/05/1986.

(3.) TODAY when the matters are called out for final hearing, Shri D. M. Thakkar, learned Advocate appearing on behalf of the petitioners, Shri Dipen Desai, learned Assistant Government Pleader appearing on behalf of the respondent-State and Shri Chetan Pandya, learned Advocate appearing on behalf of respective original applicants, jointly submitted that so far as challenge to the Government Resolution dated 25/09/1987 is concerned, the said dispute is now covered by the judgement of the Division Bench of this Court in the case of Swaminarayan Education Trust vs. State of Gujarat, reported in 1993 (2) GLR 1713, and that the validity of the Government Resolution dated 25/09/1987 is upheld by the Division Bench of this Court. However, Mr. D. M. Thakkar, learned Advocate appearing on behalf of the respective petitioners, has submitted that even as per the judgement and order passed by the Division Bench of this Court, the benefit of the Government Resolution dated 25/09/1987 is required to be given prospectively i. e. with effect from 26/09/1987. However, in the present case, the learned Tribunal has granted the benefit of the Government Resolution dated 25/09/1987 retrospectively, more particularly, with effect from 22/05/1986 and to that extent, the impugned judgement and order passed by the learned Tribunal requires to be modified.