JUDGMENT :

BELA M. TRIVEDI, J.

1. The Appellants-State of Gujarat and Others, being aggrieved by the judgment and order dated 02.04.2018 passed by the Division Bench of the Gujarat High Court in Letters Patent Appeal No. 175 of 2017, arising out of Special Civil Application No. 3250 of 2001, have preferred the present appeal.

2. The Respondent No. 1 (original writ petitioner) a Jain Minority Institution, was running a government aided school in the name of “The New High School” in which Shri H.H. Kapadia was appointed as the Principal of the school. Mr. Kapadia having attained the age of 58 years on 22.07.1999, the Respondent No. 1-Institute sought a permission from the Government to continue him as the Principal. The DEO granted the permission to continue him as the Principal upto the age of 60 years on the condition that his salary would be paid by the Institution. The Respondent No. 1 thereafter addressed a letter dated 16.04.2001 to the DEO seeking extension of service of Mr. Kapadia beyond the age of 60 years, which came to be rejected by the DEO vide the letter dated 18.06.2001. The said two decisions of the DEO came to be challenged by the Respondent No. 1 by filing the Writ pe