Secretary-Shri Surendranagar Education Society v. Patel Sunita Laxmanbhai
2017-08-04
B.N.KARIA, M.R.SHAH
body2017
DigiLaw.ai
ORAL ORDER : M.R. SHAH, J. ADMIT. Mr. Bipin Jasani, learned advocate waives service of notice of admission on behalf of the respondent Nos. 1 and 2 - original respondent Nos. 1 and 2 - original applicants, who can be said to be the main contesting parties. Mr. Rohan Yagnik, learned Assistant Government Pleader waives service of notice of admission on behalf of the respondent No. 6. 2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and as there is a broad consensus between the learned advocates appearing on behalf of the respective parties to remand the matter to the learned Single Judge for fresh decision, present appeal is taken up for final hearing today. 3. Feeling aggrieved and dissatisfied with the impugned judgement and order passed by the learned Single Judge dated 12/4/2016 passed in Special Civil Application No. 9716 of 2013, by which the learned Single Judge has dismissed the said Special Civil Application preferred by the appellants herein and confirmed the judgement and order passed by the learned Gujarat Primary Education Tribunal, Ahmedabad dated 15/2/2013 passed in Application Nos. 249/1999 and 305/1999, original petitioners have preferred the present Letters Patent Appeal. 4. One of the grievance which is voiced in the present appeal is that while deciding the main Special Civil Application, the learned Single Judge has not dealt with and/or considered the amendment in the Primary Education Act brought w.e.f. 27/9/2006, by which Rule 106(A)(4)(v) of the Bombay Primary Education Rules, 1949 came to be substituted. 5. From the impugned judgement and order passed by the learned Single Judge, the appellant is justified in making the aforesaid grievance. 6. Under the circumstances, there is a broad consensus between the learned advocates appearing on behalf of the respective parties that the impugned order be set aside and the matter be remanded to the learned Single Judge for fresh consideration of the main Special Civil Application. The learned advocates appearing on behalf of the respective parties do not invite further reasoned order as the matter is being remanded to the learned Single Judge for fresh decision. 7.
The learned advocates appearing on behalf of the respective parties do not invite further reasoned order as the matter is being remanded to the learned Single Judge for fresh decision. 7. In view of the above and more particularly in view of the broad consensus between the learned advocates appearing on behalf of the respective parties and without further entering into the merits of the case and/or expressing anything on merits in favour of either of the parties, the impugned judgement and order passed by the learned Single Judge in Special Civil Application No. 9716 of 2013 dated 12/4/2016 is hereby quashed and set aside and the matter is remitted to the learned Single Judge to consider the matter afresh in accordance with law and on merits. Present appeal is allowed to the aforesaid extent. No costs.