Gujarat High Court
District Primary Education Committee vs Parmar Jagdishkumar Dalpatbhai on 11 September, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/1073/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1073 of 2025
In
R/SPECIAL CIVIL APPLICATION/20527/2023
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In
R/LETTERS PATENT APPEAL NO. 1073 of 2025
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DISTRICT PRIMARY EDUCATION COMMITTEE
Versus
PARMAR JAGDISHKUMAR DALPATBHAI & ORS.
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Appearance:
MR MANISH J PATEL(2131) for the Appellant(s) No. 1
MS SHRUTI DHRUVE AGP for the Respondent(s) No. 2
MR BHAVESH J PATEL(6801) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE R. T. VACHHANI
Date : 11/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA) ADMIT. Learned Advocate Mr.Patel appearing for respondent No.1 and learned AGP Ms. Dhruve appearing for respondent No.2 waive service of notice of admission.
2. Looking to the issue involved in the matter and with the consent of learned advocates appearing for the respective parties, the matter is taken up for final disposal today.
3. By way of present LPA, the appellant - original respondent No.2 - District Primary Education Committee has assailed the order passed by the learned Single Judge dated 17/06/2025 in the captioned writ petition.
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4. At the outset, Mr.Manish Patel, learned advocate appearing for the appellant has submitted that the learned Single Judge has allowed the captioned writ petition in terms of the order dated 13/09/2022 passed in SCA No.20333 of 2019 and allied matters, which is being stayed by the Division Bench of this Court vide order dated 17/01/2024 passed in LPA No.1402 of 2023 and it is submitted that though the aforesaid order was on record of the writ petition; the learned Single Judge has allowed the said writ petition and it is, therefore, urged that the impugned order may be quashed and set aside.
5. Per contra, learned advocate Mr.Bhavesh Patel appearing for the respondent No.1 has submitted that the appellant has passed the order dated 20/09/2023 in view of the directions issued by the learned Single Judge vide order dated 13/09/2022 passed in SCA No.20333 of 2019 and allied matters and hence, the petitioner who is similarly situated to that of the said petitioner is also entitled to the said relief. It is, therefore, urged that this Court may not interfere with the order passed by the learned Single Judge.
6. The order passed by the learned Single Judge dated 13/09/2022 in SCA No.20333 of 2019 is confined to only three paragraphs which read as under:
"2. Learned advocate for the petitioner submits that this petition be allowed in terms of the order dated 13.9.2022 passed in SCA No.20333 of 2019 with SCA No.20608 of 2019 with SCA No.20780 of 2019.
3. 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 referred to hereinabove, this petition is required to be allowed.
4. Accordingly this petition is allowed. The respondents are directed to confer the benefit of lien to the petitioner/s in the District Education Committee, Banaskantha, with all consequential benefits and pass appropriate orders to Page 2 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 05:43:09 IST 2025 NEUTRAL CITATION C/LPA/1073/2025 ORDER DATED: 11/09/2025 undefined that effect within a period of ten weeks from the date of receipt of copy of this order."
7. Thus, the impugned order is exclusively premised on the order dated 13/09/2022 passed in SCA No.20333 of 2019 and allied matters. By placing reliance on the said order, the learned Single Judge has directed the appellant herein to confer the benefits to the respondent No.1. It is pertinent to note that aforesaid order dated 13/09/2022 was assailed by the State Government by filing Letters Patent Appeal No.1402 of 2023, wherein the Division Bench has stayed the order dated 13/09/2022 passed SCA No.20333 of 2019 and cognate matter while admitting the appeal and the said appeal is pending for hearing.
8. Thus, the learned Single Judge ought not to have allowed the writ petition by placing reliance on the order dated 13/09/2022 passed in SCA No.20333 of 2019 and allied matters in view of the fact that such directions are already stayed by the Division Bench. It is not the case of the respondent No.1 that the said order was not placed on record. However, the learned Single Judge has not considered the fact that the order upon which the reliance is placed has been stayed by the Division Bench. The learned Single Judge has also not considered the fact that the order dated 20/09/2023 in case of other employee was passed by the Education Department of the State Government in view of the order dated 13/09/2022 passed in SCA No.20333 of 2019 and said order was passed since the State was facing the contempt proceedings and the said order is made subject to final result of the LPA filed by the State Government. Under the aforesaid circumstances, the learned Single Judge has fell in error while passing the impugned order.
9. Hence, we allow the present LPA. The impugned order passed by Page 3 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 05:43:09 IST 2025 NEUTRAL CITATION C/LPA/1073/2025 ORDER DATED: 11/09/2025 undefined the learned Single Judge is quashed and set aside and the matter is remanded to the learned Single Judge for fresh hearing. Registry to list the matter before the appropriate Bench having assigned such roster.
(A. S. SUPEHIA, J) (R. T. VACHHANI, J) sompura / 12 Page 4 of 4 Uploaded by SOMPURA MANISHKUMAR JYOTINDRA(HC00189) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 05:43:09 IST 2025