ONLINE BADLI CAMP CASE RELATED IMPORTANT INFORMATION.

ONLINE BADLI CAMP CASE RELATED IMPORTANT INFORMATION.


Both the civil applications are disposed of accordingly. direct service is permitted
Official Notification declared.

C/CA/7638/2016 ORDER 


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 7638 of 2016 In 


SPECIAL CIVIL APPLICATION NO. 9639 of 2016 


With CIVIL APPLICATION NO. 12051 of 2016 In SPECIAL CIVIL APPLICATION NO. 9639 of 2016

 ========================================================== 


MAKWANA PRABHABEN NARSINHBHAI & 3....Applicant(s) Versus 



STATE OF GUJARAT & 4....Respondent(s)

 ========================================================== Appearance: MR SANDIP M PATEL, ADVOCATE for the Applicant(s) No. 1 - 4 MR VAIBHAV A VYAS, ADVOCATE for the Applicant(s) No. 1 - 4 GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2 MR HS MUNSHAW, ADVOCATE for the Respondent(s) No. 3 - 4 NABIL O BLOCH, ADVOCATE for the Respondent(s) No. 5 ========================================================== 

CORAM: HONOURABLE MS JUSTICE SONIA GOKANI 


Date : 30/11/2016 


ORAL ORDER 


1. This Civil Application is preferred by the applicants, who are the original petitioners, seeking to quash the communication dated 05.08.2016. The applicants are the petitioners who challenge the legality of the communication dated 04.06.2016 issued by the Office of the Director of Page 1 of 5 HC-NIC Page 1 of 5 Created On Mon Dec 05 21:26:58 IST 2016 C/CA/7638/2016 ORDER Primary Education whereby primary teachers who are working in Government Primary Schools in undivided Districts are given option to be transferred to new districts, upon the bifurcation of the existing districts into newly formulated revenue districts. As some of the teachers being seriously prejudiced in wake of the policy of the Government contained in Government Resolution dated 23.05.2012, they preferred the above captioned petition along with other matters. 


2. This Civil Application is preferred as during the pendency of the petition, option camp came to be organised wherein vacant posts were sought to be allocated to the junior teachers as averred in this application. During the pendency of this, the communication dated 05.08.2016 is issued by the office of the Director of Primary Education which has aggrieved the petitioners which is meant for organising camp at Taluka level. Apprehending that applicant may not be in a position to ask for option for vacant posts which are offered to the juniors teachers, pursuant to the communication dated 04.06.2016, they have approached this Court with the following prayers. “(A) Quash and set aside the communication dated 5.8.2016, Annexure­C to this application, and (B) Pending admission and final disposal of this application, the Honourable Court may be pleased to stay the said communication dated 5.8.2016, Annexure­C to this application, and (C) Grant any other relief or pass any further order which the Honourable Court deems it just and proper in the facts and circumstances of the case.” Page 2 of 5 HC-NIC Page 2 of 5 Created On Mon Dec 05 21:26:58 IST 2016 C/CA/7638/2016 ORDER
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3. This Court notices that, while directing the State Authority to file reply in the main petition before the next date of hearing, this Court had, on 10.08.2016, passed the following order. “Reply shall be filed to this civil application by the state authorities. The state authorities shall also file reply in the main petition before the next date. 2. Learned advocate Mr. Vaibhav Vyas for the applicants makes a grievance with regard to the provisions made in paragraph 1(a) and paragraph 1(b) of communication dated 05.08.2016 of the Director, Primary Education whereby directions about uploading of vacancies on the basis of the allotment of teachers to the school are mentioned. 3. On 23.06.2016, following adinterim order was passed, “By way of adinterim relief, any interdistrict transfer, if to be effected pursuant to the Circular dated 04th June, 2016, shall be tentative and shall be subject to further orders which may be passed by this Court and the transferees may be intimated expressly in that regard.” 3.1 The aforesaid adinterim order shall continue. 4. Learned advocate for the applicants further points out uncontroverted from communication dated 14.07.2016 (Page 14, Anneuxre B of the Civil Page 3 of 5 HC-NIC Page 3 of 5 Created On Mon Dec 05 21:26:58 IST 2016 C/CA/7638/2016 ORDER Application) that the camps were held, however the authorities have provided that   until further instructions, no teacher shall be relieved from school   where he or she is working. The said communication dated 14.07.2016 relates to District of Ahmedabad, however it was stated before the Court that in respect of all districts, similar decision is taken not to relieve any of the teachers. 5. The authorities are directed to act as per decision reflected in communication dated 14.07.2016 and directed not to relieve any of the teachers in pursuance of the intended transfer during the pendency of the petition and until further orders. Stand over to 29th August, 2016 before which the reply shall be filed.” 


4. It is also to be noted that this Court while noticing the communication dated 14.07.2016 which relates to district of Ahmedabad has passed an order voluntarily for and on behalf of the State Government, wherein it had been stated by learned Assistant Government Pleader that in respect of all districts, similar decision is taken not to relieve any of the teachers. There surely is no such decision in writing placed on record before this Court along with the affidavit in reply to the said Civil Application. No reply is filed to the main petition. Nothing emerges to indicate that any policy decision is taken along the line of communication dated 14.07.2016. Therefore, it is being clarified that this Court directed the authority to act as per decision reflected in the communication dated 14.07.2016 and based on the same, further directed not to Page 4 of 5 HC-NIC Page 4 of 5 Created On Mon Dec 05 21:26:58 IST 2016 C/CA/7638/2016 ORDER relieve those teachers who are covered by the said communication. 


5. In the said communication dated 14.07.2016, it is amply clear that teachers of newly formulated revenue districts on 07.07.2016, who have succeeded in getting their desired option of Ahmedabad district would not be relieved till the further instructions. 


6. Let the authority concerned follow the same with the strict adherence to give effect to the order as contemplated in communication dated 14.07.2016. 


7. With this Civil Application, Civil Application No.12051 of 2016 preferred by nearly four applicants would not survive as their cause is already addressed. 


8. Both the Civil Applications are disposed of accordingly. Direct service is permitted. 


(MS SONIA GOKANI, J.) 


 Mon Dec 05 21:26:58 IST 2016


Kadach Amdavad jilla ne bad karta bija jilla vala ne chhuta kari shake chhe. banne case no nikal kari devama aavyo chhe. vadhu vigat mate niche nu notification vanchit.

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