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Jayasree vs State

High Court Of Gujarat|29 June, 2012

JUDGMENT / ORDER

1. By way of this petition, the petitioner has prayed to quash and set aside the order dated 23.05.2012, whereby respondent no. 4 terminated the services of the petitioner with immediate effect.
2. The facts in brief are that the petitioner was appointed as a Principal of respondent no. 3 Nursing School and she joined the services of respondent no. 3 on 10.06.2011. It is the case of the petitioner that the respondent no. 4 without any show cause notice and without giving any opportunity of hearing, terminated the services of the petitioner by order dated 23.05.2012. Being aggrieved by the aforesaid order, the petitioner has preferred the present petition.
3. Heard learned counsel for the petitioner. From the record it appears that the appointment of the petitioner was a contractual appointment and respondent no. 3 being a Trust, it will not be appropriate for this Court to entertain the writ. The appropriate remedy available for the petitioner is file proper proceedings for breach of the contract. In that view of the matter, the petition is not entertained only on the ground that respondent no. 3 is not a 'State' within the meaning of Article 12 of the Constitution of India. Hence, the petition is rejected summarily.
[K.S.
JHAVERI, J.] /phalguni/ Top
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Title

Jayasree vs State

Court

High Court Of Gujarat

JudgmentDate
29 June, 2012