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1997 Supreme(Guj) 268

N.J.PANDYA
GUJARAT RAJYA PRATHMIK SHIKSHAK SANGHA – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.B.PUJARA

N. J. PANDYA, J.

( 1 ) THESE two petitions are filed in a sequence as in the year 1992 the State Government issued a G. R. through the Section Officer, Education department that the Administrative Officer shall exercise his power of transfer under s. 24 (1) of the Bombay Primary Education Act, 1947 in consultation with a committee constituted thereunder. This G. R. is dated 30th July 1992, Annexure F, page 51 of Special Civil Application No. 3328 of 1997. That G. R. is the subjectmatter of challenge in the earlier petition No. 5556 of 1993. Thereafter, the State government came out with circular dated 13-2-1997 issued by the Deputy Secretary, education Department, whereby instructions are to the effect that the Administrative officer, who is the only authority under the said Act to make transfer orders of primary teachers, shall do so after taking in confidence the members of the committee as set out in the said circular.

( 2 ) THIS is not the first exercise of this kind indulged into either by the Director of Primary Education or by State Government. As noted above, in the year 1992 the State Government has already done it once which is the subject-matter of earlier petition of 199











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