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Dr vs Huseinabai

High Court Of Gujarat|01 May, 2012

JUDGMENT / ORDER

1. The applicant appears as party-in-person and he is present in the Court today.
2. The applicant, party-in-person has taken out present application seeking below mentioned relief/direction:
"(B) YOUR LORDSHIP may be pleased to issue appropriate order or direction for taking this case on the board and fixing the date of hearing of SCA/4044/2010 expeditiously in the interest of justice."
3. The applicant is original petitioner in Special Civil Application No.4044 of 2010. The petition preferred by the petitioner involves issue related to termination of his service. In the petition, the petitioner has challenged the order passed by Gujarat Secondary Education Tribunal.
4. By order dated 05/04/2010, the petition has been admitted. The Court has also directed that rule be expedited. Subsequently on 14/07/2011, the Court (Coram:Justice H.K.Rathod), has passed below mentioned order:
"Heard Party-in-person Dr. Abdulkadar Adam Nawab. These matters have been listed at serial no.133 and 134 in the board of final hearing. Today this Court is having admission board up to 108 matters. Therefor, it is not possible for this Court to take up matters for final hearing because even while reaching the admission board to be completed, a period of beyond 5:00 p.m. has been crossed, so in such circumstances, a request which has been made by party-in-person can not be accepted by this Court and it is very difficult for this Court to give time to party-in-person Dr. Abdulkadar Adam Nawab for final hearing and also keeping one fact in mind that these matters are of year 2010, which considered to be recent one and in final hearing board, matters of 1992, 1993, 1994, 1995, 1998, 1999, 2001, 2003, 2004 are listed and are pending for final hearing ahead having earlier number being serial no.109 onward and these all are old matters, have been notified for final hearing. Therefore, this Court is not even able to take up the old matters for final hearing, so the request made by party-in-person cannot be accepted by this Court. Therefor, both the matters are notified for final hearing on 30.8.2011."
5. It appears that earlier the applicant had taken out Civil Application No.8284 of 2010 seeking similar relief as is prayed for in present application and after hearing the said application the Court had passed order dated 02/08/2010 in Civil Application no.8284 of 2010 and directed the registry to list the matter for final hearing in the week beginning from September, 2010. Since the petition was not heard for final hearing thereafter, the petitioner made another request and that therefore the order dated 14/07/2011 came to be passed.
6. Having regard to the facts and circumstances of the case including the fact that the petitioner is agitating issue related to termination of service from respondent no.1, it appears appropriate to direct the registry to list the petition for final hearing in the week beginning from 23/07/2012.
7. With the aforesaid clarification, the Civil Application stands disposed of.
(K.M.THAKER, J.) (ila) Top
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Title

Dr vs Huseinabai

Court

High Court Of Gujarat

JudgmentDate
01 May, 2012