IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No 7182 of 2003 For Approval and Signature: Hon'ble MR.JUSTICE D.A.MEHTA ============================================================ 1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- PATAN DISTRICT PRIMARY TEACHERS MANDEL Versus DIST.EDUCATION COMMITTEE -------------------------------------------------------------- Appearance: 1. Special Civil Application No. 7182 of 2003 MR DR BHATT for Petitioner No. 1-2 DS AFF.NOT FILED (N) for Respondent No. 1 MR HS MUNSHAW for Respondent No. 2 Mr.H.D.Dave, AGP for Respondent Nos.1, 3,4 & 5. -------------------------------------------------------------- CORAM : MR.JUSTICE D.A.MEHTA Date of decision: 07/07/2003 ORAL JUDGEMENT Heard Mr. D.R.Bhatt , learned Advocate for the petitioners, Mr. H.D. Dave, learned AGP appearing on behalf of the respondent nos.1, 3, 4 and 5 and Mr. H.S.Munshaw, learned Advocate for the respondent no.2.. 2. Rule. Mr. H.D.Dave learned AGP waives service on behalf of the respondent nos.1, 3, 4 and 5 while Mr. H.S.Munshaw waives service on behalf of the respondent no.2. 3. In the light of the statement made by Mr. Dave, learned AGP under instructions from the respondent no.5-authority, it is not necessary to set out the facts or the respective contentions in detail. The petitioners have challenged the impugned order dated 28th May,2002 at Annexure "A". Mr. Dave, learned AGP states that the respondent no.5 shall grant a hearing to the petitioners. In the circumstances, the order at Annexure "A" dated 28th February, 2002 is required to be quashed and set aside, and is accordingly quashed and set aside. The authority, namely, Development Commissioner shall give full and proper opportunity to the petitioners and pass necessary order in accordance with law. In the circumstances, the petition stands allowed. Rule is made absolute. (D.A.Mehta,J.) stanley-dam.