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Municipal vs Istiyak

High Court Of Gujarat|12 June, 2012

JUDGMENT / ORDER

By way of filing this petition the petitioners have challenged the order dated 19th March 2010 passed by the Gujarat Secondary Education Tribunal in Application No.220 of 2009, which reads as under:
"Heard learned advocate Mr Sayyad and learned advocate Mr N.K. Sisodia for AMC and for DEO. Learned advocate Mr Sisodia for AMC makes a statement that since the fixation is already done the effect of the same will be given in accordance with rules in short time. Learned advocate for the applicant is satisfied with this statement. This application is accordingly disposed of. AMC shall act as per the statement. No order as to costs."
2 The Tribunal has decided the application only on the basis of the statement made by the learned counsel for the parties. However, the Tribunal has not given any reasons while passing the impugned order. In my view, the Tribunal ought to have passed a detailed order after considering the evidence produced on record.
3 Hence, the impugned order dated 19th March 2010 passed by the Gujarat Secondary Education Tribunal in Application No.220 of 2009 cannot be sustained. The same is therefore set aside only on the ground that the same is an unreasoned order, which is not correct practice. It is clarified that this Court has not expressed any opinion on merits of the case. The Tribunal will pass a fresh and reasoned order after hearing all the parties.
4 In the result, the petition is allowed with no order as to costs. Direct Service is permitted.
(K.S.Jhaveri, J.) *mohd Top
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Title

Municipal vs Istiyak

Court

High Court Of Gujarat

JudgmentDate
12 June, 2012