AHMEDABAD EDUCATION SOCEITY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS all the petitions are inter -connected and arising from the common order, they are being considered by this common judgement.

(2.) THE short facts of the case appears to be that the petitioner is an Institute running Primary School known as A.G. Primary School (Gujarati Medium). The concerned respondent teachers were engaged as teachers by the petitioner in the Primary School (Gujarati Medium). As per the petitioner, since the strength of the students were reduced, they were required to close down certain classes and for which the permission was applied to the Director of Primary Education for closure of classes. The Director of Primary Education, after considering the proposal and after giving opportunity of hearing to the teachers, passed the order permitting closure of the relevant classes and on condition that the petitioner Management will have to comply with the provisions of Section 40B of the Bombay Primary Education Act, 1947 (hereinafter referred to as 'the Act' for short) and the conditions of the contract of appointment shall be satisfied and the necessary compensation shall be the liability of the petitioner Management. The said decision of granting approval for closure of the classes is challenged by the concerned teachers as well as to a limited extent by the petitioner Management by preferring Special Civil Application No.17420 to 17422 of 2005 (preferred by the teachers) and Special Civil Application No.16890 of 2005 (preferred by the petitioner Management).

(3.) SO far as the petitions preferred by the teachers are concerned, they have been admitted, but the interim relief has been refused, whereas the petition preferred by the petitioner Management was for putting the condition for compliance to the provisions of Section 40B of the Act but the same was dismissed. The matter was carried in LPA and it is stated that the LPA has been dismissed with the observations that the petitioner may raise all the contentions, as may be available in law, before the competent Authority when procedure under Section 40B of the Act is undertaken. It appears that thereafter the petitioner issued notice to the concerned teachers for termination. The replies were given. Thereafter the proposal has been submitted by the petitioner to the Administrative Officer, Municipal Primary Education Board. The Administrative Officer thereafter has passed the order, whereby the approval is denied on the ground that the conditions for absorption in the other Schools is not complied with and on the ground that the aforesaid petitions are preferred by the teachers before this Court and they are pending and the matter is subjudice. It is under these circumstances, the said orders of the Administrative Officer denying the approval to the petitioner, the petitioner has approached this Court by preferring the present petitions.