Hon'ble Judges/Coram:
T.S. Thakur, C.J.I., A.M. Khanwilkar and Dr. D.Y. Chandrachud

JUDGMENT

Dr. D.Y. Chandrachud, J.

1. A Division Bench of the High Court of Gujarat dismissed a Letters Patent Appeal filed by the Appellant. The LPA arose out of the dismissal of a Special Civil Application Under Articles 226 and 227 of the Constitution by a learned Single Judge on the ground that it was not maintainable. In arriving at this conclusion the Division Bench relied upon a judgment rendered by a five-Judge Bench of the High Court in Gujarat State Road Transport Corporation v. Firoze M. Mogal and Anr. [2014 GLH 1], in which it was held that a Special Civil Application Under Articles 226 and 227 of the Constitution is not maintainable where the court or tribunal whose order is sought to be quashed is not impleaded as a party to the proceedings. The Appellant assails the judgment of the Division Bench.

2. The Appellant was employed as an Assistant Teacher on 30 June 1978 in a school conducted by the first Respondent, which is a minority institution. On 25 June 2002 a chargesheet was issued to the Appellant alleging that between 29 November 2001 and 15 December 2001, he had proceeded on a pilgrimage without prior permission and was absent without sanctioned leave. Apart from this allegation, which constituted the first Article of charge, the second was that whereas in his application for withdrawal from the provident fund, the reason of the pilgrimage was shown to be Haj, the application for leave indicated a pilgrimage to Umrah. The Appellant denied the charges. Upon a departmental inquiry, the charges were found to be established and the Appellant was dismissed from service on 13 January 2004. The Appellant moved the Gujarat Higher Secondary Education Tribunal for ch........