Gujarat High Court
District Primary Education Officer, ... vs Parmar Chetanaben Govindbhai on 4 September, 2025
Author: A. S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/1063/2025 ORDER DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1063 of 2025
In R/SPECIAL CIVIL APPLICATION/20838/2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 1063 of 2025
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DISTRICT PRIMARY EDUCATION OFFICER, DISTRICT EDUCATION
COMMITTEE
Versus
PARMAR CHETANABEN GOVINDBHAI & ORS.
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Appearance:
MR BY MANKAD on behalf of MR UM SHASTRI(830) for the Appellant(s)
No.1
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 10,9
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 04/09/2025
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. It is reported by Mr. B.Y. Mankad, learned advocate on behalf of Mr. U.M. Shastri, learned advocate for the appellant that against the verbatim order, this Court has passed order dated 28.07.2025 in Letters Patent Appeal No.884 of 2025. It is submitted that the present Letters Patent Appeal may be disposed of in terms of the said order.
2. It is noticed by us that the impugned order dated 17.06.2025, passed by the learned Single Judge in Special Civil Application No.20838 of 2023 is against the very same verbatim order dated Page 1 of 4 Uploaded by MR.MITESH VIJAYBHAI PANCHAL(HCD0065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:10:23 IST 2025 NEUTRAL CITATION C/LPA/1063/2025 ORDER DATED: 04/09/2025 undefined 07.06.2025, which is also passed on the same day, this Court has passed following order:
"Learned advocate Mr.Patel appearing for the appellant - original respondent No.3 has submitted that the order passed by the learned Single Judge in the captioned writ petition on 17/06/2025 is required to be quashed and set aside since the same is passed in absence of the petitioner's Advocate and that too by recording that the submissions made by learned advocates for the parties are considered. It is submitted that the learned Single Judge has not considered as to whether the judgment and order dated 13/09/2022 passed in SCA No.21562 of 2019 will actually apply to the facts of the case or not as no submissions are advanced by the petitioner and the petitioner was not represented by any Advocate.
2. Learned AGP Mr.Aaaksh Gupta appearing for the respondent - State has adopted the arguments advanced by learned Advocate Mr.Patel for the appellant.
3. We have considered the order dated 17/06/2025 passed in the captioned writ petition by the learned Single Judge. Relevant paragraph 2 to 5 of the order passed by the learned Single Judge reads thus:
"2. Though advocate notice is served, none appears for the petitioner.
3. It is required to be noted that in the prayer, it is prayed to grant relief in terms of the order judgment passed in Special Civil Application No.21562 of 2019 dated 13.9.2022 and other similar type of matters.
4. In view of the same, in view of the submissions made by learned advocates for the parties, on perusal of the papers on record and the judgment dated 13.9.2022 passed in Special Civil Application Nos.21562 of 2019, this petition is required to be allowed.
5. Accordingly this petition allowed. The respondents are directed to confer the benefit of lien to the petitioner/s in the District Education Committee, Dahod, with all consequential benefits and pass appropriate orders to that effect within a Page 2 of 4 Uploaded by MR.MITESH VIJAYBHAI PANCHAL(HCD0065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:10:23 IST 2025 NEUTRAL CITATION C/LPA/1063/2025 ORDER DATED: 04/09/2025 undefined period of ten weeks from the date of receipt of copy of this order."
4. Thus, the order-sheet reflects that no one had appeared on behalf of the petitioner though the notice was served and in absence of the learned advocate of the petitioner, the learned Single Judge has allowed the writ petition by holding that the case of the petitioner is covered by the judgment dated 13/09/2022 passed in SCA No.21562 of 2019. We find that the order passed by the learned Single Judge is very cryptic in nature and that too by recording that the submissions made by learned advocates appearing for the parties are considered; though no one had appeared on behalf of the petitioner.
5. In our considered opinion, either the writ petition could have been dismissed for non-prosecution or further chance could have been awarded to the petitioner to avail appropriate remedy of appointing a private Advocate or the Advocate through Legal Aid. The learned Single Judge fell in error in allowing the writ petition and directing the respondent that case of the petitioner is required to be considered as per judgment dated 13/09/2022 passed in SCA No.21562 of 2019; without discussing the facts and law on the said judgment as to whether the ratio of the said judgment would apply to the case of the petitioner or not. Looking to the nature of the order passed by the learned Single Judge, we have left with no other option; but to set aside the impugned order. Accordingly, the present appeal is allowed and the order dated 17/06/2025 passed in the captioned writ petition is quashed and set aside. The matter is remanded back to learned Single Judge to decide the same afresh. Registry to do the needful.
In view of the fact that present appeal is allowed, the connected civil application is also disposed of."
3. Thus, the present Letters Patent Appeal is allowed in terms of aforesaid order and the same is disposed of accordingly. Civil application is disposed of accordingly.
Page 3 of 4 Uploaded by MR.MITESH VIJAYBHAI PANCHAL(HCD0065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:10:23 IST 2025NEUTRAL CITATION C/LPA/1063/2025 ORDER DATED: 04/09/2025 undefined Registry is directed to place a copy of this order, in each of the captioned connected matter(s).
Sd/- .
(A. S. SUPEHIA, J)
Sd/- .
(R. T. VACHHANI, J)
MVP/13
Page 4 of 4
Uploaded by MR.MITESH VIJAYBHAI PANCHAL(HCD0065) on Mon Sep 08 2025 Downloaded on : Mon Sep 08 23:10:23 IST 2025