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Kumari vs Principal

High Court Of Gujarat|27 June, 2012

JUDGMENT / ORDER

1. Rule.
2. By way of this petition, the petitioner prays for following reliefs :
(a) To set aside the order dated 16.01.2012 passed by Joint Direction of Technical Eduction.
(b) Directions to the respondent to ignore the adverse remarks.
(c) Stay the operation and implementation of the order dated 16.01.2012.
3. Learned counsel for the petitioner submitted that in the similar set of facts, this court has given protection to the petitioner in SCA 8920 of 2010 which was filed challenging adverse remarks in Confidential Report passed by the respondent.
4. The attention of the court is drawn to the adverse remarks made in the confidential report of the petitioner and interim relief passed in SCA No. 8920/2012 and it was submitted that if the same protection is not granted, the petitioner will be deprived of his rights of promotion.
5. I have heard learned counsel for the petitioner and perused the record.
6. In my view, the facts of SCA No. 8920 of 2010 and the present petition are different. Prima facie it appears the remarks which were made in the confidential report are not shown to be contrary to rules.
7. In view of the entry made in the statement/confidential report of the petitioner and order passed in the SCA No. 8920 of 2010, it will not appropriate to grant interim relief to the petitioner.
8. Considering the overall facts and circumstances, interim relief cannot be granted to the petitioner and hence, the prayer for interim relief is refused.
(K.S.
Jhaveri, J.) Amar Top
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Title

Kumari vs Principal

Court

High Court Of Gujarat

JudgmentDate
27 June, 2012