Gujarat High Court
Rizwanaben Gafurbhai Mansuri vs State Of Gujarat on 13 December, 2022
Bench: A.S. Supehia
C/SCA/16074/2020 ORDER DATED: 13/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16074 of 2020
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 16074 of 2020
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RIZWANABEN GAFURBHAI MANSURI
Versus
STATE OF GUJARAT
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Appearance:
MR R.K.MANSURI(3205) for the Petitioner(s) No. 1
MR RONAK B. RAVAL, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 13/12/2022
ORAL ORDER
1. Draft amendment is allowed in terms of the draft. The
same shall be carried out forthwith.
2. At the outset, learned advocate Mr.Mansuri, has
submitted that during the pendency of the writ petition, the
respondents have passed fresh order dated 23.05.2022
transferring the petitioner from Ektanagar Primary School,
Group Shala Pragpar Kumar, Taluka Rapar to Bhutkiya Primary
School, Group Shala Pragpar Kumar, Taluka Rapar. It is
submitted that so far the order dated 23.05.2022 is concerned,
the petitioner would be filing an appeal against the said order
before the Committee under Chapter-U of the Policy dated
01.04.2022. The Chapter-U pertains to forming of the
Committee of four Members, which can entertain the appeal
against the order(s) passed by the lower Authorities and the
said appeal has to be decided within a period of 45 days.
C/SCA/16074/2020 ORDER DATED: 13/12/2022
2. So far as the another prayer made in the present writ
petition is concerned, it is submitted that the issue raised in
the present writ petition is covered by the judgment dated
20.09.2022 passed in Special Civil Application No.8667 of 2022
and allied matters and also by the Resolution dated
14.10.2022.
3. Learned Assistant Government Pleader, on instructions,
has submitted that in view of the changed Policy as well as the
judgment dated 20.09.2022 passed by this Court, the
respondents will accordingly consider the case of the
petitioner.
4. Under the circumstances, the writ petition stands
disposed of with the direction to the respondent authorities to
consider the case of the petitioner in light of the judgment
dated 20.09.2022 passed in Special Civil Application No.8667
of 2022 and allied matters and the Resolution dated
14.10.2022. It will be open for the petitioner to challenge the
order dated 23.05.2022 before the Committee as stipulated in
Chapter-U of the Policy dated 01.04.2022.
5. If such an appeal is filed, the same shall decide on merits
in light of the Resolution dated 14.10.2022 and in light of the
judgment dated 20.09.2022 passed in Special Civil Application
No.8667 of 2022 and allied matters, ignoring the delay.
6. Civil application also stands disposed of accordingly.
(A. S. SUPEHIA, J)
MB/
