MALLA HAJIBHAI SATARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs:

(2.) It is the case of the petitioner that the petitioner has joined the services as Primary Teacher with respondent No.2 on 8.10.1988 and on 11.8.1994, the petitioner sought permission from respondent No.2 for pursuing higher study in graduation course. It is the further case of the petitioner that in March, 1995, the petitioner has passed F.Y. B.A. Examination and was then transferred to School No.20, Botad. The petitioner thereafter on 30.8.2012 applied to the respondent No.2 to pursue Third Year of B.A. Examination and the same was stated to be granted by the respondent authority and accordingly, in May, 2013, the petitioner completed his Third Year B.A., resultantly, an option which has been given to the other employees, has also been given on behalf of the petitioner 7.4.2016. On 3.5.2016, the petitioner along with other teachers received letters issued by respondent No.2 authority asking them to submit relevant market sheets of all three years and permission letter as well as other documents within three days. Accordingly, the petitioner supplied the same on 5.5.2016, but later on the authority on 27.5.2016 has simply rejected the application on the ground that permission letter from the office has not been produced by the petitioner.

(3.) When the matter is taken up for hearing, learned advocate for the petitioner has invited the attention of this Court to a specific letter which is received through RTI reflecting on page 15 that the petitioner has already applied for seeking permission on 11.8.1994 which was acknowledged specifically by respondent No.2 on 11.8.1994, but without considering the same, in an autocratic manner, the request was rejected for which, no opportunity was given to the petitioner nor such acknowledgment was dealt with by the authority. Said non-speaking order is not sustainable in the eye of law is the respectful submission of the learned advocate.