Gujarat High Court
State Of Gujarat Through Secretary vs Kaushika Jagdishbhai Solanki on 7 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria
NEUTRAL CITATION
C/CA/1038/2022 ORDER DATED: 07/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1038
of 2022
In F/LETTERS PATENT APPEAL NO. 15492 of 2022
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STATE OF GUJARAT THROUGH SECRETARY
Versus
KAUSHIKA JAGDISHBHAI SOLANKI
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Appearance:
MR RONAK RAVAL, AGP for the Applicant(s) No. 1,2,3
MR MURALI N DEVNANI(1863) for the Respondent(s) No. 1
UDIT N VYAS(9255) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE CHEEKATI MANAVENDRANATH
ROY
Date : 07/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader
Mr.Ronak Raval for the applicant State, learned
senior advocate Mr.Dhaval Dave with learned
advocate Ms. Dave for respondent no.2 and learned
advocate Mr. D.M. Devnani for respondent no.1.
2. It is to condone the delay of 749 days, that
the applicant State has filed this application.
The delay has taken place in preferring the Letters
Patent Appeal against the judgment and order of
learned Single Judge dated 04.04.2018.
3. Explaining the passage of time leading to
delay, it is stated in the application that after
NEUTRAL CITATION
C/CA/1038/2022 ORDER DATED: 07/12/2023
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the deliverance of judgment and order by learned
Single Judge, communication dated 18.06.2018 was
addressed by the District Education Officer to the
Director, Primary Education, seeking a direction
regarding challenging the order.
3.1 Thereafter, the correspondence took place
between the Primary Education Department and
Education Department. The Education Department on
03.01.2019 solicited legal opinion. A letter dated
04.01.2019 came to be addressed also to the office
of the Government Pleader.
3.2 It appears that in the meantime, the issue
was further deliberated between the Education
Department and Director of Primary Education.
After gathering the details from the District
Education Office, same was forwarded to the
Education Department. Legal opinion was sought,
which was obtained on 24.02.2021 and was sent to
the Education Department, it is stated in the
application.
3.3 Finally, the decision was taken to prefer the
appeal and the papers were assigned to the office
of the Government Pleader in the High Court. The
appeal was ultimately filed.
4. It is true that long time has elapsed in the
process and before filing the appeal, however, the
process was a decision making process in the
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C/CA/1038/2022 ORDER DATED: 07/12/2023
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hierarchy of the State where the question of filing
of appeal was considered vertically and
horizontally. It could not be pointed out at any
juncture that any of the officer was negligent.
5. Even otherwise, when the applicant is a State,
consumption of time at its end to some extent in
decision making process could be said to be
inherent. While construing the sufficient cause,
this aspect has to be borne in mind to give some
leniency to the State.
6. Considering the overall operative facts,
sufficient cause is made out. However, at the same
time, looking to the length of the delay, the
applicant is required to be saddled with cost of
Rs.2,500/- as part of condition of condoning of
delay. Delay is condoned, however with the cost of
Rs. 2500/- to be paid to the Gujarat Legal Aid
Service Committee by the State within two weeks
from today and the receipt shall be produced on
record.
7. Application is allowed. Rule is made
absolute.
(N.V.ANJARIA, J)
(CHEEKATI MANAVENDRANATH ROY, J)
BIJOY B. PILLAI
