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1971 Supreme(Guj) 55

A.D.DESAI
Amratlal Ramanlal – Appellant
Versus
State of Gujarat – Respondent


Advocates:
C.G. Shastri, for Petitioners; K.M. Chhaya, Asst. Govt. Pleader, I/b. Ambubhai and Divanji, for Respondents Nos.1 to 3.

ORDER:- The petitioners challenge various orders passed by the educational authorities on the ground that the impugned orders are arbitrary and discretionary.

2. Shortly stated the facts are that the petitioners are the trustees of the "New Education High School Trust, Petlad", a public trust registered under the Bombay Public Trusts Act, 1950. The trust is conducting a secondary school for girls in town of Petlad namely "New Education Girls' High School". One Mrs. S.P. Kothari was appointed as a Head-mistress of the said school on and from June 12, 1966 for a period of one year on probation. The management of the School had made rules regarding the conditions of employment and service of teachers. The said rules divide the teachers in two categories, namely, permanent teachers and non-permanent teachers. Non-permanent teachers include temporary teachers and teachers on probation. Rule 11 of the Rules provides that service of non-permanent teachers may be terminated by the management at any time without assigning any reasons after giving one calender month's notice or notice pay in lieu of the notice period. On August 3, 1966 two students studying in Standard XI of the School were d























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