Patel Twinkle Narendrabhai vs State Of Gujarat

Citation : 2025 Latest Caselaw 5074 Guj
Judgement Date : 24 June, 2025

Gujarat High Court

Patel Twinkle Narendrabhai vs State Of Gujarat on 24 June, 2025

                                                                                                                         NEUTRAL CITATION




                              C/SCA/13608/2020                                         ORDER DATED: 24/06/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                      R/SPECIAL CIVIL APPLICATION NO. 13608 of 2020

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                                                      PATEL TWINKLE NARENDRABHAI
                                                                 Versus
                                                        STATE OF GUJARAT & ORS.
                       ==========================================================
                       Appearance:
                       MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
                       MR HENIL SHAH, AGP for the Respondent(s) No. 1,2,3
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                            Date : 24/06/2025

                                                             ORAL ORDER

1. This petition is filed for the following prayers:

"20(A) Your Lordships may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction quashing and setting the action of the respondent authorities of not giving appointment to the petitioner in Grant-in-Aid Higher Secondary School from 2017 and further be pleased to direct the respondents to issue appointment order to the petitioner in any school of Ahmedabad District with all consequential benefits from the date when less meritorious candidates are given appointment.
(B) Pending admission, hearing and final disposal of the present petition, be pleased to direct the respondent authorities to consider the case of petitioner for appointment Page 1 of 3 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:58:14 IST 2025 NEUTRAL CITATION C/SCA/13608/2020 ORDER DATED: 24/06/2025 undefined in the subject of Biotechnology/Biology and further be pleased to direct them to issue appointment order in the recent round in any school of Ahmedabad district;
(C) Pending admission, hearing and final disposal of the present petition, be pleased to direct the respondent authorities to keep one post of Shikshan Sahayak vacant in the subject of Biotechnology/Biology in Ahmedabad District.
(D) xxxx"

2. Heard learned advocates for the parties.

3. Learned advocate for the petitioner has submitted that a group of petitions wherein similar set of facts were involved was decided by the coordinate Bench of this Court vide order dated 17.2.2020 passed in Special Civil Application Nos.5936 of 2017 and allied matters and the facts of the present petition are covered by the said judgment. She further submitted that the said judgment was carried in Letters Patent Appeal, which also came to be dismissed by the Division Bench of this Court vide judgment dated 24.9.2024. She has produced the copies of the said judgments for perusal of this Court.

4. Learned AGP Mr.Shah, on perusal of the facts of Page 2 of 3 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:58:14 IST 2025 NEUTRAL CITATION C/SCA/13608/2020 ORDER DATED: 24/06/2025 undefined the case on hand and the judgments referred to and relied on by learned advocate for the petitioners, submitted that this petition is covered by the said judgments and appropriate order may be passed.

5. Considering the facts of the present case, the material available on the record, the submissions advanced by learned advocates for the parties and the judgments referred to and relied on by learned advocate for the petitioner, wherein the coordiante Bench and the Division Bench of this Court, have discussed and observed in the similar set of facts and allowed the said petitions and the Letters Patent Appeals, with some observations, this petition is required to be allowed on the same line.

6. Accordingly, this petition is allowed. The impugned action on the part of the respondents-authorities in not issuing appointment letter to the petitioner for the post of Shikshan Sahayaks in the subject of Biotechnology/Biology is set aside. The respondents are directed to issue appointment order to the petitioner forthwith. The petitions are allowed with consequential benefits to follow.

(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Uploaded by U. SRILATHA(HC00185) on Tue Jun 24 2025 Downloaded on : Tue Jun 24 22:58:14 IST 2025