Gujarat High Court
Chetankumar H Solanki vs Sardar Vallabhbhai Patel Institute Of ... on 16 September, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/LPA/1070/2025 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1070 of 2025
In R/SPECIAL CIVIL APPLICATION/11297/2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2025
In R/LETTERS PATENT APPEAL NO. 1070 of 2025
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CHETANKUMAR H SOLANKI & ANR.
Versus
SARDAR VALLABHBHAI PATEL INSTITUTE OF TECHNOLOGY & ORS.
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Appearance:
MR SANDIP H MUNJYASARA(10781) for the Appellant(s) No. 1,2
MR P A JADEJA for the Respondent (s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 16/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present, Letters Patent Appeal emanates from the order passed by the learned Single Judge dated 11.08.2025 rejecting the captioned writ petition filed by the appellants.
2. It is pertinent to note that the appellants are the original applicants, who have approached the Gujarat Educational Institutions Service Tribunal at Ahmedabad (for short "the Tribunal") by filing the applications being Application Nos.57-58 of 2023 challenging their termination order. It is also not in dispute that the appellants are enjoying interim relief against their termination. Originally, the applications being Application Nos.54 to 59 of 2023 were filed by 06 employees, who have been terminated by the respondent-Institute.
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3. It is reported to us that the Tribunal has fixed further hearing of such applications on 18.09.2025. We may also mention that the appellants, along with other employees, had approached this Court by filing writ petitions being Special Civil Application No.347 of 2025 and allied matters challenging the order vacating the interim relief against termination. The Tribunal had vacated the ad-interim relief granted in favour of the appellants vide order dated 24.12.2024, which was subject matter of the said writ petitions. Such writ petitions were allowed by the learned Single Judge vide judgment and order dated 28.01.2025 by setting aside the order dated 24.12.2024 passed by the Tribunal vacating the interim relief, which operated in favour of the appellants and hence, the interim relief against termination was restored. Simultaneously, the learned Single Judge directed the Tribunal to decide the applications by 31.07.2025.
4. Being aggrieved, the respondent-Institute challenged the order of the learned Single Judge in Letters Patent Appeal No.347 of 2025 and allied matters. By the common order dated 07.03.2025, while confirming the directions issued by the learned Single Judge, the Court directed the Tribunal to dispose of the applications as expeditiously as possible. These Page 2 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined directions were issued by the Division Bench of this Court in wake of the fact that the learned Single Judge in the judgement and order dated 28.01.2025 also directed the Tribunal to decide the applications by 31.07.2025.
5. Accordingly, the further proceedings were undertaken by the Tribunal to see that the applications filed by 06 employees, including the appellants are disposed of, as expeditiously as possible. While such proceedings were undertaken, the appellants-original applicants filed the application below Section 14(b) of the Gujarat Educational Institutions Services Tribunal Act, 2006 seeking discovery and production of the documents. The Tribunal, by the judgement and order dated 31.07.2025, dismissed the application below Exh.36, which was assailed by the appellants before the learned Single Judge by filing the captioned writ petition being Special Civil Application No.11297 of 2025. The learned Single Judge rejected the writ petition vide order dated 11.08.2025 by confirming the order dated 31.07.2025 passed by the Tribunal.
6. Learned advocate Mr.Munjyasara appearing for the appellants has submitted that the learned Single Judge as well as the Tribunal fell in error in rejecting the demand of the appellants seeking documents, as mentioned in their Page 3 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined application since the contents of such application would enable them to further assail their termination order, which has been illegally passed by the respondent-Institute. He has referred to the list of such documents incorporated in their application. While pointing out the details of each of the documents, which the appellants have demanded, he has also pointed out the relevance of the same and has submitted that the respondent-Institute has illegally terminated their service. He has also referred to 03 termination orders dated 08.09.2023, 06.12.2023 and 03.07.2024 and has submitted that all the orders mention a reduction in the number of students, which has resulted into weak financial position of the Institute, which is absolutely incorrect. He has also referred to the Approval Order dated 19.05.2024 passed by the All India Council of Technical Education and has submitted that the deficiency is based on disclosure of the respondent-Institute, which mentions that there is faculty deficiency and details of such deficiency are required to be communicated to the appellants in order to effectively pursue their applications before the Tribunal.
7. Learned advocate Mr.Munjyasara in support of his submissions has placed reliance on the various decisions being (i) order dated Page 4 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined 21.01.2025 passed in Letters Patent Appeal No.164 of 2020, (ii) judgement and order dated 12.06.2018 passed by the Division Bench of this Court in Letters Patent Appeal No.453 of 2018 and allied matter in the case of Sandip Harshadray Munjyasara vs. State of Gujarat and Ors. and
(iii) decision of the Apex Court in the case of Shah Samir Bharatbhai and Ors. vs. The State of Gujarat and Ors., 2025 INSC 1026. He has also referred to the application for framing of issue filed before the Tribunal. Thus, it is urged by him that all the documents, which are mentioned in the application filed by the appellants below Exh.36, are answered for their effective defence and hence, the impugned order passed by the Tribunal, as confirmed by the learned Single Judge, may be quashed and set aside.
8. Fervently opposing the present appeal, learned advocate Mr.Jadeja appearing for the respondents has submitted that the applications below Exh.36 filed by the appellants as well as subsequently proceedings of the writ petition and the Letters Patent Appeal are filed for the sole purpose of protracting the proceedings before the Tribunal. He has also submitted that the learned Single Judge, in the first instance, has directed that the applications filed by the appellants are required to be disposed of by 31.07.2025 however, the Division Bench has modified such direction Page 5 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined that the applications may be disposed of as expeditiously as possible. However, it is submitted that the appellants are not cooperating with the proceedings and by filing such frivolous applications trying to derail the proceedings.
9. Learned advocate Mr.Jadeja has also pointed out that relevant documents, which the respondent-Institute is having, are already produced before the Tribunal and accordingly, the Tribunal as well as the learned Single Judge have recorded the details of such documents. It is thus, urged that the appellants could not have demanded the documents, which are absolutely within the domain of other institute(s) and have no relevance to the issue raised before the Tribunal.
10. Learned advocate Mr.Jadeja has further pointed out that initially there were 06 employees, who used to file consolidated proceedings however, the appellants have adopted modus operandi to see that they file separate proceedings, including the proceedings before this Court, in order to see that the applications filed by them before the Tribunal are not decided expeditiously. He has also referred to the order dated 02.09.2025 passed by the learned Single Judge in Special Civil Application No.12035 of 2025 filed by the appellants, in which the writ Page 6 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined petitions are rejected with the exemplary costs of Rs.25,000/-. It is submitted that due to stay operating against the termination, the respondents are paying them frull salary without taking work. Thus, looking to the conduct of the appellants, the present appeal may be rejected.
11. We have heard the learned advocates appearing for the respective parties and also perused the documents, as pointed out by them.
12. The aforementioned fact about filing of the applications by the appellants, who are 02 in number along with other 04 employees, challenging their termination is not in dispute. The applications are numbered as Application Nos.54 to 59 of 2023. The Tribunal is seisen of the proceedings and further hearing is kept on 18.09.2025.
13. As narrated hereinabove, there was earlier round of litigation before this Court emanating from the interim orders passed by the Tribunal vacating the stay on the termination and ultimately, the Division Bench, while confirming the order passed by the learned Single Judge setting aside the order of the Tribunal vacating the interim relief, has directed the Tribunal to dispose of the applications as expeditiously as possible. Accordingly, the Tribunal is making all Page 7 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined the efforts that the applications get disposed of.
14. Thus, the order of the learned Single Judge at the relevant time passed in Special Civil Application No.347 of 2025 and allied matters to dispose of the applications by 31.07.2025 was modified to the extent by the Division Bench of this Court by the order dated 07.03.2025 passed in Letters Patent Appeal No.347 of 2025 and allied matters to dispose of the applications by the Tribunal as expeditiously as possible.
15. During pendency of the proceedings before the Tribunal, the appellants-original applicants filed applications below Exh.36 demanding number of documents, which are as under:
(Chart-A) Mr. Bhaskarbhai C. Patel, Chairman, The new English school trust-Vasad SVIT Road, Vasad, District: Anand, Gujarat-388306 List of Documents 1 Audit Report & Books of Account for F.Y: 2024-25 2 Audit Report & Books of Account for F.Y. 2023-24 3 Audit Report & Books of Account for F.Y. 2022-23 4 Audit Report & Books of Account for F.Y. 2021-22 5 Audit Report & Books of Account for F.Y. 2020-21 (Chart-B) Prof. Rajive Kumar, Member Secretary, All India Council for Technical Education (AICTE), Nelson Mandela Marg, Vasant Kunj, New Delhi-110070 List of Documents Page 8 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined 1 Faculty Deficiency report prepared by the AICTE as mentioned in Extension of Approval (EOA) dated 19.05.2024 in case of Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306, India for the A.Y. 2024-25 2 Application (including enclosures/attachments) submitted by Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306, India to the AICTE for extension of Approval for the A.Y.2024-25 3 Application (including enclosures/attachments) submitted by Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306, India to the AICTE for extension of Approval for the A.Υ.2025-26.2025-26 4 Order/Letter/Decision of the AICTE regarding grant of Extension of Approval (EOA) or rejection of the same pursuant to the application as mentioned at above Sr. No.3 in the Chart-B (Chart-C) Mr. Devesh P. Soni, Principal,. Sardar Vallabhbhai Patel Institute of Technology SVIT Road, Vasad, District:
Anand, Gujarat-388306 List of Documents 1 Attendance registers of the students currently studying in 2nd year of B.E.(Mechanical) 2 Attendance registers of the students currently studying in 2nd year of D.E.(Mechanical) 3 Attendance registers of the students current og studying in 3rd year of B.E.(Mechanical) 4 Attendance registers of the students currently studying in 4th year of B.E. (Mechanical) 5 Statement of the students who paid token/advance fee/deposit for admission in "Management Quota Seats" in 1st year of B.E.(Mechanical) 6 Statement of the students who paid token/advance fee/deposit for admission in "Management Quota Seats" in 1st year of D.E. (Mechanical) 7 All faculties Performance Evaluation Reports for Page 9 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined Α.Υ: 2024-25.Υ.2025-26: 2024-25 8 All faculties Performance Evaluation Reports for Α.Υ: 2024-25.Υ.2025-26. 2023-24 9 All faculties Performance Evaluation Reports for Α.Υ: 2024-25.Υ.2025-26. 2021-22 10 All faculties Performance Evaluation Reports for Α.Υ: 2024-25.Υ.2025-26. 2020-21 11 Audited Income & Expenditure Statements for F.Y. 2024-25 12 Audited Income & Expenditure Statements for F.Y. 2023-24 13 Audited Income & Expenditure Statements for F.Y. 2022-23 14 Audited Income & Expenditure Statements for F.Y. 2021-22 15 Audited Income & Expenditure Statements for F.Y. 2020-21 B.E.- Bachelor of Engineering D.E.- Diploma Engineering (Chart-D) Gujarat Technological University (GTU) Nr. Vishwakarma Government Engineering College, Sabarmati-Koba Highway, Nr. Visat Three Roads, Chandkheda, Ahmedabad, Gujarat-382424 List of Documents 1 AIC/LIC report prepared by the GTU as mentioned in Affiliation Letter dated 07.06.2024 in case of Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306, India for the A.Y. 2024-25 2 Application (including enclosures/attachments) submitted by Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306, India to the GTU for affiliation for the A.Y.2024-25 3 Application (including enclosures/attachments) submitted by Sardar Vallabhbhai Patel Institute of Page 10 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined Technology, SVIT Road, Vasad; District: Anand, Gujarat-388306, India to the GTU for affiliation for the A.Y.2025-26 4 Order/Letter/Decision of the GTU regarding grant of Affiliation or rejection of the same pursuant to the application as mentioned at above Sr. No.3 in the Chart-D (Chart-E) Dr. Nilay Bhuptani, Member Secretary, Admission Committee for Professional Courses (ACPC), LD College of Engineering Campus, Navrangpura, Ahmedabad. - 380015 List of Documents 1 Statement of the students allotted during 1st round of admission in "State Quota Seats" by the ACPC in 1st year of B.E. (Mechanical) in Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306 for Α.Υ: 2024-25.Υ.2025-26. 2025-26 B.E. - Bachelor of Engineering (Chart-F) Dr. Nilay Bhuptani, Member Secretary, Admission Committee for Professional Diploma Courses (ACPDC), 2nd Floor, LDCE, Navrangpura, Ahmedabad. 380015 List of Documents 1 Statement of the students allotted during 1st round of admission in "State Quota Seats" by the ACPDC in 1st year of D.E. (Mechanical) in Sardar Vallabhbhai Patel Institute of Technology, SVIT Road, Vasad, District: Anand, Gujarat-388306 for Α.Υ: 2024-25.Υ.2025-26. 2025-26 D.E. - Diploma Engineering
16. The Tribunal, after perusing the details, which has been produced by the respondent-Institute from page Nos.184-198 including all the record of Mechanical Branch in which the appellants were appointed, numbers of students increasing or decreasing for the academic year 2021-2022 to 2023 Page 11 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined and 2024 as well as the details of financial income of the College and Management, has opined that since such documents are already produced by the Management, which can answer the core issue of termination and the reason thereof, the other documents, as demanded by the appellants, are nothing but a fishing.
17. We have also produced the relevancy of the documents, as mentioned hereinabove. A bare perusal of the same would reveal that the appellants have tried to abuse the process of law by demanding the aforementioned documents, though all the relevant details, which they want, are already placed on record to adjudicate the issue of termination. Most of the documents are of other authorities such as AICTE, GTU (Gujarat Technology Institute), and ACPC (Admission Committee for Professional Courses).
18. The learned Single Judge has rejected the writ petition challenging the ordered passed by the Tribunal dated 31.07.2025 dismissing the applications filed by the present appellants below Exh.36. The learned Single Judge has held that the applications filed by the appellants are frivolous, and has opined that the order of the Tribunal rejecting the application seeking documents, does not require interference. We are in complete agreement with the findings recorded by the Tribunal.
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19. At this stage, we may refer to the judgements, which are cited by the learned advocates of the appellants.
The first order is dated 21.01.2025 passed in Letters Patent Appeal No.164 of 2020. The same would not even remotely connect to the facts of the present case and hence, the same would not have bearing on the issue raised with regard to demand of documents.
The second is the decision of the Apex Court in the case of Shah Samir Bharatbhai and Ors. (supra). The same will also not in any manner, deal with or touch upon the issue raised before us for the issue raised before the Tribunal and this Court.
The third is the judgement and order dated 12.06.2018 passed in Letters Patent Appeal No.453 of 2018 and allied matter. The same deals with the issue of fee structure, inadequacy of faculty, infrastructure facilities etc., and is also not remotely connected with the issue of demand of documents.
20. Thus, we are of the opinion that the appellants who are two in number, are trying their level best to see that the proceedings before the Tribunal get protracted and they keep on enjoying Page 13 of 14 Uploaded by N.V.MEWADA(HC01571) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 23:09:36 IST 2025 NEUTRAL CITATION C/LPA/1070/2025 ORDER DATED: 16/09/2025 undefined stay on the termination order as the respondent- Institute is paying them full salary. The present appeal is also a further attempt, and we were willing to impose exemplary costs however, we are restraining to do so.
21. Under the circumstances, though we had earlier directed that the proceedings before the Tribunal shall be disposed of as expeditiously as possible, it appears that the appellants are trying to take undue benefits of such direction by protracting the proceedings before the Tribunal.
22. Thus, while dismissing the present appeal, we direct the Tribunal to dispose of the applications by 15.10.2025. We have also informed that the hearing of the applications is at the final stage and the applications are listed on 18.09.2025. Consequently, the connected civil application also stands disposed of.
23. At this stage, Mr.Munjyasara has requested to fix the date of disposal of the applications as 30.10.2025. Request is acceded to. The applications filed by the appellants shall be disposed of by 30.10.2025.
Sd/-
(A. S. SUPEHIA, J) Sd/-
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