SCA/2708/2003 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2708 of 2003 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= QURESHI ABDUL RASHID HASMATALI - Petitioner(s) Versus PRINCIPAL C.N.BAKSHI SARVAJANIK VIDYALAY & 3 - Respondent(s) ========================================================= Appearance : MR Imran Saiyed for Mr. MM TIRMIZI for Petitioner(s) : 1, Mr.Dipak Shukla for M/s. NANAVATI & NANAVATI for Respondent(s) : 1 - 2. Mrs.M.L.Shah, Asst. GOVERNMENT PLEADER for Respondent(s) : 3 - 4. ========================================================= CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 14/02/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) SCA/2708/2003 2/3 JUDGMENT The petitioner before this Court is a part-time Watchman employed in C.N. Bakshi Sarvajanik Vidyalay, a non- Government, Grant-in-Aid school situated at Jabu Gam, Taluka Pavi Jetpur, District-Vadodara. The petitioner had filed Application No. 142 of 2001 before the Gujarat Secondary Education Tribunal for absorption in the service of the school as a Peon. The said application was disposed of by the tribunal on 27th August, 2002. The tribunal had issued direction to the Commissioner of Schools to decide the question about the absorption of the petitioner by regularisation as Peon in the school. The petitioner has now approached this Court under Article 226 of the Constitution. He has complained that inspite of the above direction issued by the tribunal the petitioner has not been absorbed in the service as a Peon. 2. Mr. Shukla has contested the petition. He has submitted that the school is bound by the statutory regulations, the appointment to the post of Peon is also required to be made in accordance with the said regulations. SCA/2708/2003 3/3 JUDGMENT 3. Be that as it may, the respondent No.2 being a non- Government, Grant-in-Aid, Secondary School, the petitioner has alternative statutory remedy before the tribunal. 4. In above view of the matter, the petition is disposed of for the reason that the petitioner has an alternative statutory remedy before the tribunal. Rule is discharged. The parties will bear their own cost. [ Ms. R.M. Doshit, J. ] [ K.M. Thaker, J. ] RmR.