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1988 Supreme(Guj) 58

P.R.GOKULAKRISHNAN, R.A.MEHTA
AHMEDABAD KHANGI PRATHMIK SHALA SANCHALAK SANGH – Appellant
Versus
STATE – Respondent


Advocates Appeared: AMIT PANCHAL

P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Letter Patent Appeal is against the order of the learned single Judge passed in Special Civil Application No. 1077 of 1988. In that Special Civil Application the appellant herein questioned the authority of the Tribunal constituted as early as 23-1-1987 by a Notification issued by virtue of the power conferred under Sec. 40-F introduced by the Bombay Primary Education (Gujarat Amendment) Act 1986 In the Notification dated 23-1-1987 Published by the Government of Gujarat which is Annexure A to the Special Civil Application it is stated that the Tribunal constituted for the purpose of Chapter VII-A of the above said Act shall have jurisdiction in the whole of the State of Gujarat. It has also appointed one Shri Navnitbhai Dhanjibhai Parikh to be the Tribunal. On 31/12/1987 another Notification was gazetted stating:"in place of words Chapter VII-A appearing in sub-para 1 of Government order No. CH/sh/2/khps/1086/1607/ch dated 23/01/1987 read the words Chapter VII-B". It is contended by the appellant that the constitution of the Tribunal is only for the purpose of Chapter VII-B and as such there is a valid constitution of the Tribunal only by virtue o








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