Gujarat High Court
Panchal Bhoomika Bhupendrabhai vs State Of Gujarat on 23 July, 2025
NEUTRAL CITATION
C/SCA/13390/2019 ORDER DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13390 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 13390 of 2019
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PANCHAL BHOOMIKA BHUPENDRABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
HUNAIZA H QURESHI(8903) for the Petitioner(s) No. 1,2,3,4,5
MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1,2,3,4,5
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1,2
MR RAJENDRA PATEL(645) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,7,8,9
MR RUTVIJ R PATEL(10615) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/07/2025
ORAL ORDER
1. Heard learned advocates.
2.1 The present petition is filed for seeking the following reliefs:
"A. Be pleased to issue the writ of mandamus, writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondents not to terminate the services of the Petitioners as Contractual Asst. Professors (Class-II) (Computer Engineering) by acting upon clause 13 of the order dated 03.07.19 of the respondent no 1 without Page 1 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:21:06 IST 2025 NEUTRAL CITATION C/SCA/13390/2019 ORDER DATED: 23/07/2025 undefined considering the petitioners for continuation on existing vacant posts in computer engineering or in any other corresponding branch, in the interest of justice.
B. That this Hon'ble Court may be pleased to direct the respondents to give a fair chance to the petitioners for competing in the competitive GPSC exams for the purpose of regular appointment to the post of Asst. professor (Class- II) and not to terminate the services of the petitioners in the inter regnum.
C. Pending hearing and final disposal of the present petition the respondents may be directed not to terminate the services of the present petitioners by acting upon the clause 13 of the order dated 03.07.19 of the respondent no 1, in the interest of justice.
D. Any other and further relief in the interest of justice may kindly be granted.
2.2 Subsequent to that, the Civil Application No.1 of 2020 is also filed for seeking the following reliefs:
"a) Be pleased to quash and set aside the impugned order dated 04.06.20 passed by the respondent no 2 and other incidental orders passed pursuant to it at ANNEXURE IV (colly) qua the applicants by holding the same in breach of order passed by this Hon'ble Court dated 10.02.20.Page 2 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:21:06 IST 2025
NEUTRAL CITATION C/SCA/13390/2019 ORDER DATED: 23/07/2025 undefined
b) During the pendency and final disposal of the present petition the impugned order dated 04.06.20 passed by the respondent no 2 and other incidental orders passed pursuant to it at ANNEXURE IV (colly) may kindly be stayed and the applicants be continued in service.
c) Any other and further relief in the interest of justice may kindly be granted."
2.3 It is required to note that the petitioners were working as Assistant Professor in computer engineering branch on contractual basis in Government Engineering College and thereafter, their services are terminated by order dated 04.06.2020.
3. At the outset, it was submitted by learned AGP Ms. Bhati by placing on record decision of Division Bench of this Court in LPA No.1313 of 2022 and allied matters decided vide CAV Judgment dated 03.11.2023 whereby the Letters Patent Appeal preferred by each of the appellants who are unsuccessful before learned Senior Judge were also dismissed by Division Bench of this Court. She further placed on record another order dated 15.03.2024 passed by the Hon'ble Supreme Court in SLP (Civil) No.5528 of 2024 in case of Nayna Prahaladbhai Indrodia V/s. State of Gujarat whereby Letters Patent Page 3 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:21:06 IST 2025 NEUTRAL CITATION C/SCA/13390/2019 ORDER DATED: 23/07/2025 undefined Appeal preferred against the aforesaid decision of Division Bench was also dismissed.
4. By placing the aforesaid decision of Division Bench of this Court and decision of the Hon'ble Supreme Court, learned AGP Ms.Bhati submitted that the identically situated petitioners have failed before learned Single Judge and that order is confirmed up to the Hon'ble Supreme Court and therefore, this petition is also required to be dismissed in the light above orders which are placed on record by learned AGP Ms. Bhati.
5. Learned advocate Mr. Qureshi could not dispute the aforesaid fact and he, therefore, prayed that appropriate order be passed.
6. In view of fact that the petition is covered by decision of Division Bench of this Court in Letters Patent Appeal No.1313 of 2022 in case of Hardik Pradipbhai Joshi V/s. State of Gujarat which is confirmed by the Hon'ble Supreme Court vide order dated 15.03.2024 in SLP (Civil) No.5528 of 2024 in case of Nayna Prahaladbhai Indrodia V/s. State of Gujarat, no further orders are Page 4 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:21:06 IST 2025 NEUTRAL CITATION C/SCA/13390/2019 ORDER DATED: 23/07/2025 undefined required to be passed as the issue is covered by above decision.
7. In view of above, the present petition as well as civil application are required to be dismissed and the same are dismissed. Notice discharged.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 5 of 5 Uploaded by MR. DIWAKAR SHUKLA(HC01778) on Thu Jul 24 2025 Downloaded on : Fri Jul 25 00:21:06 IST 2025