SCA/9448/2001 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 9448 of 2001 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 ? ========================================================= C.D. PATEL HIGH SCHOOL - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR AJ SHASTRI for Petitioner(s) : 1, MS TRUSHA PATEL AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 28/03/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for appropriate writ to direct respondent authority SCA/9448/2001 2/3 JUDGMENT to forthwith grant NOC for making appointment of teaching as well as non-teaching staff, in the school of the petitioner. 2. When the matter is taken up for hearing, Ms. Trusha Patel learned AGP stated that as per the instruction received by her office, the NOC has been granted in respect of all posts, which are subject matter of the petition, except for the post of Librarian (Granthpal). Even for the post of librarian, surplus person was ordered to be absorbed, but the institution has not permitted him to join the duty. Therefore, NOC has not been given for the post of Librarian. 3. In above view of the matter, the petition would not survive, for all the posts which are subject matter of the petition, except for the post of Librarian. So far as the post of librarian is concerned, as the surplus librarian was already alloted, and if the petitioner has not permitted to assume office, insistence on the part of the petitioner for grant of NOC for the post of librarian for new recruitment cannot be countenanced. SCA/9448/2001 3/3 JUDGMENT 4. In view of the above, the petition is disposed of accordingly. Rule discharged. Interim relief is vacated. (JAYANT PATEL,J.) Suresh*