SCA/5418/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5418 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 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 ? ========================================================= BLOSSOM CHARITABLE TRUST (VADODARA) & 1 - Petitioner(s) Versus SECRETARY EDUCATION DEPARTMENT & 3 - Respondent(s) ========================================================= Appearance : MR JAL SOLI UNWALA for Petitioner(s) : 1 - 2. MR LR PUJARI, AGP for Respondent(s) : 1 & 4 MR DC DAVE for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 09/07/2008 ORAL JUDGMENT 1. Rule. Mr.Pujari, learned AGP appears for respondent Nos. 1 & 4 and waives service of Rule and Mr. Dave appears for respondents Nos. 2 & 3 and waives service of Rule. SCA/5418/2008 2/3 JUDGMENT 2. With the consent of learned advocates appearing for both the sides, the matter is finally heard today. 3. The petitioner has preferred the petition for challenging the order dated 31.08.2007 (Annexure-K), whereby the sanction granted in favour of the petitioner is cancelled. 4. Heard Mr.Unwala for the petitioner, Mr.Pujari, learned AGP for the State Authorities, and Mr.Dave for the District Panchayat and its officers. 5. Upon hearing the learned advocates appearing for both the sides and perusal of the impugned order dated 31.08.2008 it appears that it is an admitted position that any opportunity of hearing has not been given prior to the passing of the impugned order by the District Primary Education Officer. 6. Since the order is to result into adverse consequence and the principles of natural justice are required to be complied with and as the same has not been complied with, the order cannot be sustained. 7. Mr.Dave, learned counsel appearing for the respondents Nos.2 & 3 did submit that on merits, there is a good case for sustaining the order. He also submitted that the petitioner is no more SCA/5418/2008 3/3 JUDGMENT supplying the computer and therefore, this Court may consider the matter accordingly. 8. In my view, if the order cannot be sustained on the ground of breach of principles of natural justice, it will be required for the authority to reconsider the matter afresh. Further, if the petitioner is not supplying the computers, such position may continue until the matter is decided afresh and thereafter, rights of the parties may be governed accordingly. 9. In view of the above, the impugned order dated 31.08.2007(Annexure-K) is quashed and set aside on the ground of breach of principles of natural justice. It is also further directed that the District Primary Education Officer shall give an opportunity of hearing to the petitioner and shall pass appropriate orders, preferably within a period of three months from the receipt of the order of this Court. It is also observed and directed that until afresh order is passed, status quo as prevailing shall be maintained. 10.Petition is allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. (JAYANT PATEL, J.) *bjoy