BHARATIBEN M TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) WITH the consent of the learned Counsel appearing for both the sides the matter is finally heard, when Civil Application No.8731 of 2009 comes up for hearing.

(2.) THE short facts of the case appears to be that in the year 1995 -96 the applications were invited by Amreli Municipality for filling up the post of Head Master/Principal in the Girls' High School, which was under the control of Amreli Municipality. The petitioner applied for the post and she was selected and she was offered appointment on 19.7.1996. It appears that thereafter the State Government, in purported exercise of power under Section 33 of the Gujarat Secondary Education Act, 1972 (hereinafter referred to as the Act ), the management was taken over by the Government and the name of the School was changed. Though the petitioner was declared surplus, she was required to be continued on the same post. However, the petitioner was posted as teacher in the other School. Under these circumstances, the petitioner has approached this Court by challenging the order dated 17.7.2007. As the petitioner was posted as teacher, she was also relieved. Under these circumstances, the present petition.

(3.) HEARD Mr.Joshi, learned Counsel appearing for the petitioner and Mr.Soni, learned AGP for the State Authorities.