RAJ NARAIN BAJPAI Vs. CENTRAL BOARD OF SECONDARY EDUCATION NEW DELHI
HIGH COURT OF GUJARAT
RAJ NARAIN BAJPAI
CENTRAL BOARD OF SECONDARY EDUCATION,NEW DELHI
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(1.)Appellants-original petitioners in Special Civil Application No. 4249 of 1983 being aggrieved by the judgment and order dated 19-9-1983 rendered by a single Judge of this court have come in appeal challenging the said decision.
(2.)Petitioners are three teachers of respondent No. 6-Gulf Education Society. Respondent No. 1-Board has been constituted by the Government of India by various resolutions the first of which was dated 1 and institution known as Kendriya Vidyalaya Sangathan has been impleaded as the respondent No. 2 through its Deputy Commissioner. Respondent No. 4 is Gujarat Secondary Education Board. Respondents Nos. 5 and 7 are the Project Manager O.N.G.C. Cambay Project and Oil & Natural Gas Commission respectively. The reliefs inter aSia prayed in the petition were as under:
"18 A writ of prohibition or writ in the nature of prohibition or any other appropriate writ or direction may be issued restraining the respondents from starting or commencing the Central School Kendriya Vidyalaya at ONGC Compound P. O. Kansari Taluka Cambay Project District Kheda and restraining the respondents Nos. 1 and 2 from registering or affiliating the said Central School at O.N.G.C. Campus of its project at Cambay.
(b) Honourable Court may the pleased to issue a writ of mandamus or writ in the nature of mandamus directing the respondents Nos. 5 6 and 7 to issue directions to the Principal Gulf Higher Secondary School to cancel the transfer certificates already issued and further directing him that he should not issue any transfer certificates and they should see that the Gulf Higher Secondary School functions and imparts education to the students as hitherto done;
(c) Pending the final hearing and disposal of this petition the Honourable Court be pleased to issue an injunction restraining the respondents or any of them from establishing or help in establishing transfer certificates should not be issued to the students and if issued they may be held in abeyance and the students may be continued to be imparted education at the Gulf Higher Secondary School and such other interim orders be passed as may be necessary in the interest of justice
(d) The Honourable Court may be pleased to issue such other appropriate writ or direction or orders as may be deemed just and proper in the circumstances of the case to protect the interests of the staff employed with the Gulf Higher Secondary School who are in effect employees of the O.N.G.C. through the Gulf Education Society".
(3.)The learned single Judge regarding the prayer that the respondent No. 4-Board be restrained from registering or affiliating the Central School held that the same was premature as it was the say of the petitioners themselves that no application was made to the respondents Nos. 1 and 4 for respective affiliation and registration. The learned single Judge saw no substance in the other submissions made on behalf of the petitioners and so rejected the petition summarily. The petitioners have therefore come by way of the present appeal.
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