SCA/4284/1990 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4284 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? No 2 To be referred to the Reporter or not ? No 3 Whether their Lordships wish to see the fair copy of the judgment ? No 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 ? No 5 Whether it is to be circulated to the civil judge ? No ========================================================= DIVYAJYOT KELVANI MANDAL & 1 - Petitioner(s) Versus DIRECTOR OF EDUCATION & 1 - Respondent(s) ========================================================= Appearance : MR PARESH M DAVE for Petitioner(s) : 1 - 2. MS TANUJA KACHCHI, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/05/2008 ORAL JUDGMENT 1. By way of this petition under Article 226 of the Constitution of India, the petitioners have prayed for an appropriate writ, order or direction, quashing and setting SCA/4284/1990 2/3 JUDGMENT aside the impugned order/letter of the District Education Officer, Kheda dated 4.6.1990 Annexure “G” to the petition. 2. Shri Dhaval Shah, learned advocate appearing for Shri Paresh Dave, learned advocate for the petitioners has submitted that the impugned order dated 4.6.1990 is passed without giving any opportunity to the petitioners and, therefore, the same is in breach of principle of natural justice. Nothing is on record whether before passing the order/letter dated 4.6.1990, the petitioners were in fact heard. 3. In view of the above, the petition requires to be allowed and the impugned order dated 4.6.1990 requires to be quashed and set aside on this sole ground alone. Under the circumstances, this Court is not further considering the other submissions made on behalf of the petitioners as well as respondents on merits. 4. Ms.Tanuja Kachchi, learned AGP appearing on behalf of the respondents is not a position to satisfy this Court with respect to affording any opportunity to the petitioners before passing the impugned communication/order dated 4.6.1990. It is a cardinal principle of law that whenever any order adverse SCA/4284/1990 3/3 JUDGMENT to a party is passed is required to be given an opportunity/heard. Any order is passed without giving any opportunity can be termed as in breach of principle of natural justice. Under the circumstances, the impugned order/communication dated 4.6.1990 Annexure “G” to the petition deserves to be quashed and set aside. 5. For the reasons stated above, the petition succeeds. The impugned order/communication of the District Education Officer, Kheda dated 4.6.1990 produced at Annexure “G” to the petition is hereby quashed and set aside on the ground that the same is in breach of principle of natural justice. It will be open for the appropriate authority to pass an appropriate order in accordance with law and on merits after giving a reasonable opportunity of being heard to the petitioners. Rule is made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs. ( M.R. SHAH, J. ) syed/