Gujarat High Court
Beenaben Khushalsinh Rajput vs Hon'Ble Gujarat Secondary Education ... on 1 July, 2025
NEUTRAL CITATION
C/SCA/16461/2013 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16461 of 2013
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BEENABEN KHUSHALSINH RAJPUT
Versus
HON'BLE GUJARAT SECONDARY EDUCATION TRIBUNAL & ORS.
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Appearance:
MR P P MAJMUDAR(5284) for the Petitioner(s) No. 1
MR PARTH PATEL, AGP for the Respondent(s) No. 1,2,3
MS MAMTA R VYAS(994) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 01/07/2025
ORAL ORDER
1. The present petition is filed with the following main prayers.
"20(A) Your Lordships may be pleased to issue a writ of mandamus/certiorari or a writ in the nature of mandamus/certiorari or any other appropriate writ, order or directions quashing and setting aside order dated 26.07.2013 passed by respondent No.1 - Hon'ble Gujarat Primary Education Tribunal, Ahmedabad in Application No.200 of 2010 (at Annexure-G hereto) and further be pleased to allow the prayers made by the petitioner in Application No.200 of 2010 (at Annexure-D hereto);Page 1 of 6 Uploaded by M.H. DAVE(HC00193) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 03:25:33 IST 2025
NEUTRAL CITATION C/SCA/16461/2013 ORDER DATED: 01/07/2025 undefined (B) During the pendency and final disposal of the present petition, Your Lordships may be pleased to stay operation, implementation and execution of the order dated 26.07.2013 passed by respondent No.1 - Hon'ble Gujarat Primary Education Tribunal, Ahmedabad in Application No.200 of 2010 (at Annexure-G hereto) and further be pleased to direct hat the petitioner may be absorbed in any aided school;"
2. Heard learned advocates.
3. Learned advocate Mr.Panthil Majmudar for the petitioner has submitted that the petitioner is similarly situated employee at par with the petitioners of Special Civil Application No.2957 of 2008 and Special Civil Application No.60 of 2008. He has further submitted that those petitions are decided by the Coordinate Bench of this Court vide order dated 18.04.2016 and against which, Letters Patent Appeal was filed being Letters Patent Appeal No.1409 of 2016, wherein the Division Bench of this Court has, vide order dated 08.03.2022, disposed of the appeal and directed the authority concerned to consider the submissions of the employees involved in that matter strictly on merits, as expeditiously as possible. He has, therefore, submitted that since the present petition is similarly situated employee at Page 2 of 6 Uploaded by M.H. DAVE(HC00193) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 03:25:33 IST 2025 NEUTRAL CITATION C/SCA/16461/2013 ORDER DATED: 01/07/2025 undefined par of those employees, same direction may be given to the respondent authorities.
4. Learned advocate Ms. Mamta Vyas for respondent No.4 has submitted that as such, respondent No.4 is not a contesting party and the Government would be the contesting party in this matter. She has submitted that appropriate order may be passed.
5. Learned AGP Mr.Parth Patel, upon instruction, has submitted that the issue involved in the present petition is identical to that of those matters, therefore, appropriate orders may be passed considering the facts of the present case.
6. I have considered the submissions made by the learned advocates for the respective parties. As averred, since the issue involved in the present petition is identical to that matter - Letters Patent Appeal No.1409 of 2016 and the Division Bench has disposed of that matter with appropriate direction to the State Authorities concerned and the parties are agreed for the same if similar directions may be issued, the relevant paras 2 to 5 of the order dated 08.03.2022 recorded on Letters Patent Appeal No.1409 of 2016 are reproduced as under :
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NEUTRAL CITATION C/SCA/16461/2013 ORDER DATED: 01/07/2025 undefined "2. Both these intra-court appeals under Clause 15 of the Letter Patent arise out of a common judgment dated 18.04.2016 passed by the learned Single Judge, wherein the order passed by the Gujarat Secondary Education Tribunal dated 03.11.2007 came to be challenged.
3. During the course of hearing before the Co-ordinate Bench, the following order was passed on 19.07.2021.
"As one of the Appellants namely,
Mr.Shard P. Mehta is set to have
retired upon achieving the age of
superannuation, therefore, they may
take instructions from both Appellants whether they would like to pursue the matter or not and they may be relegated to the higher authority who may provide an opportunity of hearing and may pass an order in the facts and circumstances of the present case without being influenced by the observations made by the learned Single Judge."Page 4 of 6 Uploaded by M.H. DAVE(HC00193) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 03:25:33 IST 2025
NEUTRAL CITATION C/SCA/16461/2013 ORDER DATED: 01/07/2025 undefined
4. Mr. Hemang Shah, learned advocate appearing for both the appellants, upon instructions, submits that both the appellants are ready and willing to pursue the matter before the higher authorities as provided as per the order dated 19.07.2021.
5. We are of the opinion that the same would sub-serve the interest of justice in peculiar facts of this case and accordingly respondent No.2- Commissioner of School and Midday Meals, Gandhinagar is hereby directed to provide an opportunity of hearing to both the appellants. The appellants are at liberty to file written submissions and any other documentary evidence. As the issue is pending since long and as the appellants are senior citizens, respondent No.2 shall, subject to co- operation of the appellants, shall consider all submissions that may be made on it and pass an order as expeditiously as possible strictly on merits without any manner being influenced by the orders passed by the Educational Tribunal as well as by the learned Single Judge of this Court."
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NEUTRAL CITATION C/SCA/16461/2013 ORDER DATED: 01/07/2025 undefined
7. Under the circumstances, this Court is of the opinion that, looking to the peculiar facts and circumstances of the case, interest of justice would be served if similar direction may be issued.
8. Accordingly, respondent No.3 - Commissioner of School and Midday Meals, Gandhinagar is hereby directed to provide an opportunity of hearing to the petitioner. The petitioner is at liberty to file written submissions and any other documentary evidence. As the issue is pending since long and as the petition is a senior citizen, respondent No.3 shall, subject to co-operation of the petitioner, shall consider all submissions that may be made on it and pass an order as expeditiously as possible, strictly on merits, without any manner being influenced by the orders passed by the Educational Tribunal."
9. In view of above, the present petition is disposed of accordingly.
(SANDEEP N. BHATT,J) M.H. DAVE Page 6 of 6 Uploaded by M.H. DAVE(HC00193) on Tue Jul 01 2025 Downloaded on : Wed Jul 02 03:25:33 IST 2025