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2024 Supreme(Guj) 364

HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Arjunbhai Amrutlal Nayak – Respondent


Advocates Appeared:
For the Petitioner: Ms. Dharitri Pancholi AGP.
For the Respondents: Mr. P.H. Pathak, Mr. Rajendra Patel, Rule Served.

JUDGMENT :

1. Present petition is filed by the petitioner – State of Gujarat under Articles 226 and 227 of the Constitution of India for the following reliefs:-

    “A. This Honourable Court be pleased to admit and allow this petition.

    B. This Honourable Court be pleased to call for the record and proceedings of the application no. 167 of 2010 from the Learned Gujarat Secondary Education Tribunal, Ahmedabad.

    C. YOUR LORDSHIPS may be pleased to issue a writ of certiorari or in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the oral judgment dated 20.09.2013 passed by the Learned Gujarat Secondary Education Tribunal in Application No.167 of 2013.

    D. Pending admission and final disposal of this petition YOUR LORDSHIPS be pleased to stay the implementation, execution and operation of the Oral Judgment dated 20.09.2013 passed by the Learned Gujarat Secondary Education Tribunal in Application No. 167 of 2013.

    E. YOUR LORDSHIPS may be pleased to grant any other and further relief/s as may be deemed fit and proper in the facts and circumstances of the case in the interest of justice.”

2. Brief facts of the present case are in nutshell as

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