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1996 Supreme(Guj) 429

S.K.KESHOTE
Vijaynagar Education Society – Appellant
Versus
Gujarat Secondary Education Tribunal, Ahmedabad – Respondent


Advocates Appeared: D.PANDEY, JAI SAVLA, N.D.NANAVATI, N.N.PANDYA, P.K.JANIKIRAN

S. K. KESHOTE, J.

( 1 ) THE petititoner, an educational society running secondary school at Ahmedabad, has filed this writ petition challenging the order of the Tribunal constituted under the gujarat Secondary Education Act, 1972, (hereinafter referred to as "the Act") in application No. 184 of 1983 made on 30th march 1984. In the said application respondent no. 3 had challenged before the tribunal the order of the petitioner under which her services were terminated. The tribunal has declared the termination order to be invalid and inoperative in law and found the same to be made in violation of the mandatory provisions of Section 36 (1) (a) (b) of the Act.

( 2 ) IN the school run by the petititoner there were four vacancies of teachers at the relevant lime, out of which two were in the higher secondary section and two were in the secondary section. The school made application to respondent No. 4 for grant of no objection certificate to make appointment to the aforesaid four posts. Respondent no. 4, under letter dated 31st May 1983 granted necessary no objection certificate as teachers with requisite qualifications were not available even on the list of supernumerary teachers maint


































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