Girishkumar Kalidas Patel vs State Of Gujarat

Gujarat High Court

Girishkumar Kalidas Patel vs State Of Gujarat on 21 April, 2026

                                                                                                             NEUTRAL CITATION




                             C/SCA/17548/2019                                 ORDER DATED: 21/04/2026

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                             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/SPECIAL CIVIL APPLICATION NO. 17548 of 2019

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                                                GIRISHKUMAR KALIDAS PATEL
                                                           Versus
                                                  STATE OF GUJARAT & ORS.
                       =============================================
                       Appearance:
                       MR JAY R SHAH(8428) for the Petitioner(s) No. 1
                       MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1
                       MR. RADHESH Y VYAS(7060) for the Petitioner(s) No. 1
                       MS DHRUTI PANDYA, AGP for the Respondent(s) No. 1,2
                       MR UM SHASTRI(830) for the Respondent(s) No. 3,4
                       =============================================

                        CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                          Date : 21/04/2026
                                                           ORAL ORDER

1. Heard Mr.Bhavesh Patel, learned advocate fro the petitioner and Ms.Dhruti Pandya, learned AGP for the State respondents.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

"(A) Your Lordships may be pleased to admit and allow this petition;

(B) Your Lordships may be pleased to issue an appropriate writ, order or direction that to declare the transfer order dated 06/09/2019 of Mukeshkumar Bhagwanbhai Machhi at Bhatpura Primary School is illegal and against the provisions of law and declare the petitioner is entitle and eligible for getting the benefits of Mother School i.e. Bhatpura Primary School as per the Government Resolutions dated 23/05/2012 and 21/08/2018 in the interest of justice.

NEUTRAL CITATION C/SCA/17548/2019 ORDER DATED: 21/04/2026 undefined (C) Your Lordships may be please to issue an appropriate writ, order or directing to the respondent authority to consider the case of the petitioner and give the benefits of Mother School i.e.Bhatpura Primary School as per the Government Resolutions dated 23/05/2012 and 21/08/2018 in the interest of justice.

(D) Pending admission and till the final disposal of this petition, Your Lordships may be pleased to stay the transfer order of Mukeshkumar Bhagwanbhai Machhi to Bhatpura Primary School dated 06/09/2019 (Annexure-F) in the interest of justice."

3. At the outset, Mr.Patel, learned advocate for the petitioner would submit that during the pendency of this petition, the petitioner made a representation dated 27/03/2025 before respondent No.3, thereby requested respondent No.3 to consider the request of the petitioner as ventilated in the aforesaid representation. It is also stated in the representation that in a case where the petitioner will be accommodated at his parent school, he will not press this petition.

4. Mr. Patel, learned advocate for the petitioner, would request this Court to take the aforesaid representation on record. The request is accepted and the representation is taken on record.

5. Mr. Patel, learned advocate for the petitioner, under the instruction of his client, would state that a suitable direction may be issued to respondent No.3 to decide the representation as early as possible, preferably before the camp and date of schedule of transfer of surplus Teachers.

NEUTRAL CITATION C/SCA/17548/2019 ORDER DATED: 21/04/2026 undefined

6. Having heard Mr.Patel, learned advocate for the petitioner and Ms.Pandya, learned AGP for the respondent State and considering the fact that during the pendency of this petition, the petitioner has submitted the aforesaid representation dated 27/03/2025, without further entering into the merits, at this stage, I am of the view that respondent No.3 can be directed to decide the aforesaid representation of the petitioner before the date of the camp/schedule of transfer of surplus teachers.

7. Accordingly, it is hereby directed to respondent No.3 to decide the aforesaid representation of the petitioner dated 27/03/2025 on or before the next date of the camp/schedule of transfer of surplus teachers, in accordance with law. If so required and prayed for by the petitioner to give a personal opportunity, the same shall be afforded by respondent No.3 before passing a reasoned order on the aforesaid representation of the petitioner.

8. Accordingly, the present petition, at this stage, is disposed of with the aforesaid direction. Direct service is permitted.

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