Chauhan Kuldipsinh Bhammarsinh vs State Of Gujarat
2023 Latest Caselaw 2328 Guj

     C/SCA/1372/2020                                      ORDER DATED: 16/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 1372 of 2020
==========================================================
                       CHAUHAN KULDIPSINH BHAMMARSINH
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR GAURAV CHUDASAMA(5660) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,40,41,5,6,7,8,9
DS AFF.NOT FILED (N) for the Respondent(s) No. 3
MR NIRAJ SHARMA, AGP for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                Date : 16/03/2023

                                  ORAL ORDER

1. This petition is filed for the following prayers:

"25(A) This petition be admitted and allowed. (B) Your Lordships may be pleased to issue a writ of Mandamus or any other appropriate writ or direction and order to quash and set aside transfer orders Dt.01-01-2020 issued by the respondent no.3 against the present petitioners.

(C) Your Lordships may be pleased to quash and set aside order of deputation of CRC Co-ordinator issued in favour of some of the petitioners as there were no vacancies in the Head Teacher Post.

(D) Your Lordships may be pleased to quash and set aside the resolution Dt.09.10.2019 as it is in contravention of the Right to Education Act.

(E) Your Lordships may be pleased to direct the respondents

C/SCA/1372/2020 ORDER DATED: 16/03/2023

to give the charge of Kelavni Nirikshak (Bit Nirikshak) instead of declaring them as surplus.

(F) During the pendency and final disposal of this petition, the transfer orders and deputation orders of CRC Co- ordinator issued by the respondent no.3 in favour of the petitioners may be stayed and the present petitioners may be permitted to resume their duties in their original respective schools.

(G) Any other relief that may be deemed just, proper and necessary may also be kindly granted."

2. At the outset, learned advocate for the

petitioner is not pressing for reliefs at 25(C), (E) and (F)

of this petition. In view of that, this petition is disposed

of as not pressed qua prayers 25(C), (E) and (F).

3. Learned advocate for the petitioner submitted

that as far as the prayers at paragraph 25(A), (B) and

(D) are concerned, the said grievance are covered by the

judgment dated 20.10.2022 passed in Special Civil

Application No.22752 of 2019 and allied matters and

therefore the same be granted.

4. Learned AGP Mr.Niraj Sharma for the

respondent nos.1 and 2 submits that this Court may

C/SCA/1372/2020 ORDER DATED: 16/03/2023

consider the facts of the present case in view of the

judgment mentioned above and pass appropriate order.

5. Considering the rival submissions and

considering the judgment dated 20.10.2022 passed in

Special Civil Application No.22752 of 2019 and allied

matters, passed by coordinate Bench of this Court, more

particularly, paragraph 14 of the same which reads that,

"14. For the aforesaid reasons therefore, the resolution

dated 09.10.2019 and the decision dated 29.11.2019

issued by the State and the Director of Primary

Education are quashed and set aside. Consequentially the

impugned orders of transfer pursuant to the resolution

dated 09.10.2019 in the respective petitions are quashed and set aside. Petitions are allowed. Rule is made

absolute. Civil Applications are disposed of.", this petition

is allowed in terms of paragraphs 25(A)(B) and (D).

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA