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2022 Supreme(Guj) 219

BIREN VAISHNAV
Nalinkumar Natwarlal Patel – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Ramnandan Singh, Advocate.
For the Respondents:Surbhi Bhati, AGP and Manish J. Patel, Advocates.

JUDGMENT :

Biren Vaishnav, J.

1. Heard Mr. Ramnandan Singh learned advocate for the petitioner, Ms. Surbhi Bhati learned AGP for the respondent-State and Mr. Manish J. Patel learned advocate for the respondent no. 2.

2. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

    "(A) Your Lordships may be pleased to issue writ of Mandamus or any other appropriate writ, order or direction, directing the respondent Nos. 1 and 2 to transfer the petitioner at Prantij-2 Primary School as the petitioner is the only senior most surplus teacher in his group and is entitled to be given first priority in transfer and vacancy at Prantij-2 School was very much there on 25.11.2020 when the list of vacancy of teachers eligible for teaching Std. 1 to 5 was published by Taluka Primary Education Officer, as such times was pointed out by the petitioner in his representations dated 25.11.2020 and 26.11.2020.

(B) Your Lordships may be pleased to deprecate the respondent authorities for not reflecting the vacancy of one teacher at Prantij-2 Primary School in Form No. 2 dated 25.11.2020 issued by Taluka Primary Education Officer, Prantij, although the

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