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VAIBHAVI D. NANAVATI
Dashrathbhai G Valand (Parekh) – Appellant
Versus
Lions Club Of Naroda Charitable Trust Sanchalit – Respondent
JUDGMENT :
1. Heard Ms.Mamta Vyas, learned advocate appearing for the petitioner, Mr.Jayraj Chauhan, learned advocate appearing for the respondent no.1 and Ms.Suman Motla, learned A.G.P. appearing for the respondent nos.2 and 3.
2. By way of the present petition, the petitioner herein has challenged the order dated 24.01.2002 passed by the District Education Officer, granting approval of appointment of the petitioner as Shikshan Sahayak qua the fixed salary of Rs.4,000/- as also, the oral judgment dated 07.09.2010/08.09.2010 passed by the learned Gujarat Secondary Education Tribunal in Application No.115 of 2009, which is duly produced at page 11 and has prayed for the following reliefs:-
The court held that a petitioner selected prior to a government resolution is entitled to regular pay-scale instead of a fixed salary, quashing the tribunal's contrary decision.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Approval for appointment of educational staff must adhere to existing vacancies and established communication protocol; unmanaged delays by authorities warrant administrative accountability.
The main legal point established is that vacancies in the open category should be filled from the open category, and the ban on recruitment may not apply in certain circumstances.
Service Matter1 - Under Section 106 of the Schedule “F”, it is nowhere provided that if the appointment of Teacher is made in Non Granted School, then Teacher cannot be given an appointment in the gr....
Long-standing appointments cannot be invalidated without evidence of wrongdoing, emphasizing stability in employment.
The main legal point established in the judgment is that the management must adhere to the rules and regulations for the appointment of staff in private schools, including the obligation to ascertain....
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