Mistry Kamleshkumar ... vs State Of Gujarat
2022 Latest Caselaw 9783 Guj

     C/SCA/7527/2022                           ORDER DATED: 02/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 7527 of 2022
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                MISTRY KAMLESHKUMAR RAMESHCHANDRA
                               Versus
                     STATE OF GUJARAT & 4 other(s)
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Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No. 1
MR RONAK B. RAVAL, AGP for the Respondent(s) No. 1,2,3,4,5
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 CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                  Date : 02/12/2022
                   ORAL ORDER

1. Draft amendment is allowed in terms of the draft. The same shall be carried out forthwith.

2. Learned advocate Mr.Chudasama, has submitted that after filing of the present writ petition, the respondents have passed the order dated 23.05.2022 transferring the petitioner from Dalpur Primary School, Taluka Prantij to Fatepur Primary School, Taluka Prantij. Thus, he has submitted that though the petitioner has remedy of filing an appeal against the order dated 23.05.2022, this Court may pass appropriate orders setting aside the same. It is not in dispute and very fairly admitted by the learned advocate Mr.Chudasama, that the remedy of filing appeal against the impugned order dated 23.05.2022 is provided under Chapter - U of the Resolution 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/7527/2022 ORDER DATED: 02/12/2022

3. Per contra, learned AGP has submitted that the impugned order does not require any interference, since the petitioner has an alternative remedy of filing an appeal under Chapter-U of the Resolution dated 01.04.2022.

4. Under the Circumstances, in case the petitioner chooses to file an appeal against the order dated 23.05.2022 before the Committee under Chapter-U of the Resolution dated 01.04.2022, the Committee shall decide such appeal 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.

5. It is also be open for the petitioner to pray for interim orders, as and when such appeal is filed.

6. With these observations, the writ petition is disposed of.

(A. S. SUPEHIA, J) MB/ Board-II/01