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2020 Supreme(Guj) 578

VIKRAM NATH, J.B.PARDIWALA
Nareshbhai Kanubhai Shah – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR.VISHAL J. DAVE
For the Respondent:MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS MANISHA LAVKUMAR SHAH, GOVERNMENT PLEADER WITH MR DHARMESH DEVNANI, AGP WITH MR MEET THAKKAR

JUDGMENT :

J.B.PARDIWALA, J.

1. As the issues raised in all the captioned petitions are the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Civil Application No.8819 of 2020 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs:

    “(A) the Hon'ble Court be pleased to issue a writ of mandamus or a writ order or direction in the nature of mandamus and be pleased to quash and set aside the Government Resolution No.BMS/1220/53/FRCCell, dated 16.7.2020 issued by the Education Department, State of Gujarat.

(B) Pending admission and final hearing of the present petition, the Hon'ble Court be pleased to stay the implementation and operation of the Government Resolution No. BMS/1220/53/FRCCell, dated 16.7.2020 issued by the Education Department, State of Gujarat.

(C) Your Lordships may be pleased to pass such other and further order(s) that may be deemed fit and proper in the facts and circumstances of the case.”

4. The facts in brief of the present litigation are as under:

    “2.1 The 1st petitioner is

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