JUDGMENT :

1. The present writ petition emanates from the order dated 28.02.2017 passed by the Gujarat Educational Institutions Services Tribunal, Ahmedabad (for short “the Tribunal”) in Appeal No.173 of 2014 (old Application No.36 of 2010), wherein and whereby the Tribunal has directed the petitioner-Trust to reinstate the respondent No.1 in service by quashing and setting aside his dismissal order dated 10.04.2010 and the order passed by the Commissioner of Higher Education dated 05.04.2010.

2. The brief facts of the case are as under:

2.1 The respondent was serving as an Assistant Teacher in the School run by the petitioner-Trust. He was appointed vide order dated 01.04.1992 and was suspended on 14.04.1994 for serious irregularities committed by him. By the order dated 10.04.2010, the respondent No.1 was dismissed from service, which was challenged by him before the Tribunal by filing an Appeal No.173 of 2014. By the judgement and order dated 28.02.2017, the dismissal order of the respondent No.1 has been set aside by the Tribunal, which has been challenged by the petitioner in the present writ petition.

3. Learned advocates Mr.Rasesh Rindani with Mr.J.K.Parmar appearing for the pe