Gujarat High Court
State Of Gujarat vs Nk Mekwan Managing Trustee And Manager on 20 November, 2025
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/CA/697/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 697 of
2025
In F/LETTERS PATENT APPEAL NO. 36249 of 2024
With
R/CIVIL APPLICATION NO. 1268 of 2025
In
F/LETTERS PATENT APPEAL NO. 36191 of 2024
With
R/CIVIL APPLICATION NO. 1560 of 2025
In
F/LETTERS PATENT APPEAL NO. 36181 of 2024
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STATE OF GUJARAT & ORS.
Versus
NK MEKWAN MANAGING TRUSTEE AND MANAGER & ORS.
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Appearance:
MS SHRUTI DHRUVE, AGP for the Applicant(s) No. 1,2,3
MS KAJAL SHINGADIYA FOR MR NV GANDHI(1693) for the Respondent(s)
No. 1,1.1
MR VILAS G GOSWAMY(3217) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 20/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned Assistant Government Pleader Ms.Shruti Dhruve for the applicant and learned advocate Ms.Kajal Shingadiya for learned advocate Mr.N.V.Gandhi for the respondent no.1.
2. These applications are filed to condone the delay of 399 days in filing the Letters Patent Appeals.
3. The cause for delay is pleaded in paragraph 3 of Page 1 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:04:15 IST 2025 NEUTRAL CITATION C/CA/697/2025 ORDER DATED: 20/11/2025 undefined the applications, wherein it is stated that on 7.12.2023, the Education Department informed to the concerned Assistant Government Pleader for opinion and thereafter on 11.12.2023, proposal was sent to the office of the Commissioner of Schools, Gandhinagar and on 20.1.2024, legal opinion was sought and thereafter on 19.3.2024, Legal Department gave permission to file these Letters Patent Appeals.
4. This Court (Coram: A,S,Supheia,J and R.T.Vachhani,J) has passed the following order on 20.6.2025:
"Learned AGP Ms.Vrunda Shah for the applicant-State shall produce the show-cause notice dated 16/04/2025 issued to the erring Officer who is responsible for the gross delay of 399 days. Learned AGP Ms.Shah shall also produce the reply, if any filed by the erring officer and order passed thereon by the respondent no.2 and further steps taken by the respondent no.2 in the matter. Such reply shall be filed on or before the next date of hearing. Matter is ordered to be listed for hearing on 23/07/2025."
5. Learned Assistant Government Pleader Ms.Dhruve for the applicant invited the attention of the Court to the additional affidavit filed on behalf of the applicant no.3 to point out that the delay is not caused intentionally and same is caused by bonafide sufficient reason as the delay is caused Page 2 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:04:15 IST 2025 NEUTRAL CITATION C/CA/697/2025 ORDER DATED: 20/11/2025 undefined due to policy requirements and process of obtaining inter- departmental permissions. It was also pointed out that show cause notice was issued on 16.4.2025 to the District Education Officer for the delay accrued in preferring the Letters Patent Appeals and necessary actions are taken against the erring officer to fix the accountability for the delay caused for filing the Letters Patent Appeals.
6. It was, therefore, submitted that as delay was caused due to sufficient cause, the same may be condoned.
7. On the other hand, learned advocate for the respondent no.1.1 relied upon the affidavit-in-reply and submitted that there is no sufficient cause shown for the delay of 399 days in preferring the appeal as the issue is pending since 2006. It was pointed out that being aggrieved by the judgment and order dated 15.9.2017 in the Special Civil Application, the appeal was preferred by the appellant which was disposed of by the Division Bench vide order dated 6.5.2019 reserving the liberty to prefer review application. It was further submitted that in view of the liberty reserved by the Division Bench, review application was preferred with delay which was condoned by the learned Single Judge by order dated 21.4.2023 by recalling the judgment and order dated 15.9.2017 and thereafter again, by Page 3 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:04:15 IST 2025 NEUTRAL CITATION C/CA/697/2025 ORDER DATED: 20/11/2025 undefined the judgment and order dated 17.10.2023, allowed the Special Civil Application. It was submitted that the controversy involved between the parties pertains to issuance of the NOC by the applicant. Since last more than twenty years, there is hanging sword upon the teachers appointed by the respondent no.1.1 and the learned Single Judge therefore, has rightly decided the issue in favour of the original petitioners. It was, therefore, submitted that delay of 399 days having not been explained, the applications deserve to be dismissed.
8. Considering the above submissions and the issue involved in the litigations as to whether the NOC is required to be obtained prior to appointment order or the same can be obtained after the appointment by the concerned school is concerned, the applicability of the circular dated 16.10.1998 is required to be examined.
9. Having considered the additional affidavits filed on behalf of the applicant and in view of the proceedings initiated against the erring officer for the delay caused for filing the Letters Patent Appeals and in view of the prima facie case made out by the applicant, we are of the opinion that the delay of 399 days having been sufficiently explained, is required to be condoned.
Page 4 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:04:15 IST 2025
NEUTRAL CITATION C/CA/697/2025 ORDER DATED: 20/11/2025 undefined
10. Accordingly, the delay of 399 days in preferring the appeal is ordered to be condoned. Applications allowed accordingly. Registry to list the appeals for admission hearing in due course.
(BHARGAV D. KARIA, J) (L. S. PIRZADA, J) SRILATHA Page 5 of 5 Uploaded by U. SRILATHA(HC00185) on Fri Nov 21 2025 Downloaded on : Sat Nov 22 00:04:15 IST 2025