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Tuesday, 6 December 2016

BREAKING NEWS :- ONLINE BADLI CAMP CASE RELATED IMPORTANT INFORMATION.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 7638 of 2016 In  SPECIAL CIVIL APPLICATION NO.  9639 of 2016 With CIVIL APPLICATION NO. 12051 of 2016 In SPECIAL CIVIL APPLICATION NO. 9639 of 2016
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MAKWANA PRABHABEN NARSINHBHAI  &  3....Applicant(s) Versus STATE OF GUJARAT  &  4....Respondent(s)
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Appearance:
MR SANDIP M PATEL, ADVOCATE for the Applicant(s) No. 1 - 4
MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1 - 4
GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2
MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 3 - 4
NABIL O BLOCH, ADVOCATE for the Respondent(s) No. 5
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

Date : 30/11/2016

ORAL ORDER
1. This Civil Application is preferred by the applicants, who are  the  original  petitioners,  seeking  to  quash  the communication  dated  05.08.2016.  The  applicants  are  the petitioners  who challenge the legality  of  the communication dated  04.06.2016  issued  by  the  Office  of  the  Director  of Primary Education whereby primary teachers who are working in Government Primary Schools in undivided Districts are given option to be transferred to new districts, upon the bifurcation of the existing districts into newly formulated revenue districts. As some of the teachers being seriously prejudiced in wake of the  policy  of  the  Government  contained  in  Government Resolution  dated  23.05.2012,  they  preferred  the  above captioned petition along with other matters.

2. This Civil Application is preferred as during the pendencyof  the petition,  option camp came to  be organised whereinvacant posts were sought to be allocated to the junior teachersas averred in this application. During the pendency of this, thecommunication dated 05.08.2016 is issued by the office of theDirector  of  Primary  Education  which  has  aggrieved  thepetitioners which is meant for organising camp at Taluka level.Apprehending that applicant may not be in a position to ask foroption  for  vacant  posts  which  are  offered  to  the  juniorsteachers,  pursuant  to the communication dated 04.06.2016,they have approached this Court with the following prayers.

“(A) Quash   and   set   aside   the   communication dated 5.8.2016, Annexure­C to this application, 
and 
(B) Pending admission and final disposal of this application, the Honourable Court may be pleased to stay the said communication dated 5.8.2016, Annexure­C to this application, and 
(C) Grant any other relief or pass any further order which the Honourable Court deems it just and proper in the facts and circumstances of the case.” 

3. This  Court  notices  that,  while  directing  the  State Authority to file reply in the main petition before the next date of hearing, this Court had, on 10.08.2016, passed the following order. 

4. It  is also to be noted that this  Court  while  noticing the communication dated 14.07.2016 which relates to district  of Ahmedabad has passed an order voluntarily  for and on behalf of  the  State  Government,  wherein  it  had  been  stated  by learned Assistant  Government  Pleader  that  in  respect  of  all districts,  similar  decision is  taken not  to  relieve any of  the teachers. There surely is no such decision in writing placed on record before this Court along with the affidavit in reply to the
said Civil  Application.  No reply  is  filed  to  the main  petition. Nothing emerges to indicate that any policy decision is taken along the line of communication dated 14.07.2016. Therefore, it is being clarified that this Court directed the authority to act as  per  decision  reflected  in  the  communication  dated 14.07.2016 and based on the same,  further  directed not  to  relieve  those  teachers  who  are  covered  by  the  said communication. 

5. In the said communication dated 14.07.2016, it is amply clear  that  teachers of  newly  formulated revenue districts  on 07.07.2016,  who  have  succeeded  in  getting  their  desired option of  Ahmedabad district  would  not  be relieved till  the further instructions.
  
6. Let  the  authority  concerned  follow the  same  with  the strict adherence to give effect to the order as contemplated in communication dated 14.07.2016. 

7. With this Civil  Application,  Civil  Application No.12051 of 2016 preferred by nearly four applicants would not survive as their cause is already addressed.

8. Both the Civil Applications are disposed of accordingly. Direct service is permitted.



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