SCA/2670/1996 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 2670 of 1996 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ? ========================================================= SAROJBEN RATILAL SOLANKI - Petitioner(s) Versus SARVAJANIK KELAVANI TRUST - Respondent(s) ========================================================= Appearance : MR RK MISHRA for Petitioner(s) : 1, MR SUNIL K SHAH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 14/09/2006 ORAL JUDGMENT 1.By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and/or order SCA/2670/1996 2/3 JUDGMENT directing the respondent to implement the judgment and order passed by the Gujarat Primary Education Tribunal, Ahmedabad, dated 21st February, 1992 passed in Application No. 135 of 1990. 2.No reply is filed opposing the present Special Civil Application. Once an order is passed by the tribunal and/or any other Court, the same is required to be implemented. There is no justification shown for not implementing the judgment and order passed by the tribunal. Under the circumstances, the respondent is directed to comply with and implement the judgment and order passed by the Gujarat Primary Education Tribunal, Ahmedabad, dated 21st February, 1992 passed in Application No. 135 of 1990 within a period of 4 weeks from the date of receipt of this order in its true spirit. No other submissions have been made on behalf of the respondent except that the petitioner has preferred the contempt petition, which came to be dismissed on the ground of limitation. Merely because, the contempt petition came to be dismissed SCA/2670/1996 3/3 JUDGMENT on the ground of limitation and not on merits, it cannot be said that the present Special Civil Application is not required to be decided on merits. Otherwise also, as stated above, there is no reply to the present Special Civil Application and no cause is shown for non-compliance of the judgment and order passed by the tribunal. 3.For the reasons stated above, the petition succeeds and the respondent is directed to comply with the judgment and order passed by the Gujarat Primary Education Tribunal, Ahmedabad, dated 21st February, 1992 passed in Application No. 135 of 1990 within a period of 4 weeks as stated above. 4.Rule is made absolute to the aforesaid extent, however, there shall be no order as to costs. [M.R.SHAH, J.] kdc