Gujarat High Court
Panchal Bhoomika Bhupendrabhai vs State Of Gujarat on 23 July, 2025
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C/SCA/13390/2019 ORDER DATED: 23/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13390 of 2019
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 13390 of 2019
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PANCHAL BHOOMIKA BHUPENDRABHAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
HUNAIZA H QURESHI(8903) for the Petitioner(s) No. 1,2,3,4,5
MR. EKRAMA H QURESHI(7000) for the Petitioner(s) No. 1,2,3,4,5
MS. SURBHI BHATI, AGP for the Respondent(s) No. 1,2
MR RAJENDRA PATEL(645) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,7,8,9
MR RUTVIJ R PATEL(10615) for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29,3,30,31,32,33,
34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,51,52,53,54,55,56,5
7,58,59,6,7,8,9
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 23/07/2025
ORAL ORDER
1. Heard learned advocates.
2.1 The present petition is filed for seeking the
following reliefs:
"A. Be pleased to issue the writ of mandamus, writ in the
nature of mandamus or any other appropriate writ, order or
direction directing the respondents not to terminate the
services of the Petitioners as Contractual Asst. Professors
(Class-II) (Computer Engineering) by acting upon clause 13
of the order dated 03.07.19 of the respondent no 1 without
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considering the petitioners for continuation on existing
vacant posts in computer engineering or in any other
corresponding branch, in the interest of justice.
B. That this Hon'ble Court may be pleased to direct the
respondents to give a fair chance to the petitioners for
competing in the competitive GPSC exams for the purpose
of regular appointment to the post of Asst. professor (Class-
II) and not to terminate the services of the petitioners in
the inter regnum.
C. Pending hearing and final disposal of the present
petition the respondents may be directed not to terminate
the services of the present petitioners by acting upon the
clause 13 of the order dated 03.07.19 of the respondent no
1, in the interest of justice.
D. Any other and further relief in the interest of justice
may kindly be granted.
2.2 Subsequent to that, the Civil Application No.1 of
2020 is also filed for seeking the following reliefs:
"a) Be pleased to quash and set aside the impugned order
dated 04.06.20 passed by the respondent no 2 and other
incidental orders passed pursuant to it at ANNEXURE IV
(colly) qua the applicants by holding the same in breach of
order passed by this Hon'ble Court dated 10.02.20.
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b) During the pendency and final disposal of the present
petition the impugned order dated 04.06.20 passed by the
respondent no 2 and other incidental orders passed
pursuant to it at ANNEXURE IV (colly) may kindly be
stayed and the applicants be continued in service.
c) Any other and further relief in the interest of justice
may kindly be granted."
2.3 It is required to note that the petitioners were
working as Assistant Professor in computer engineering
branch on contractual basis in Government Engineering
College and thereafter, their services are terminated by
order dated 04.06.2020.
3. At the outset, it was submitted by learned AGP Ms.
Bhati by placing on record decision of Division Bench of
this Court in LPA No.1313 of 2022 and allied matters
decided vide CAV Judgment dated 03.11.2023 whereby
the Letters Patent Appeal preferred by each of the
appellants who are unsuccessful before learned Senior
Judge were also dismissed by Division Bench of this
Court. She further placed on record another order dated
15.03.2024 passed by the Hon'ble Supreme Court in SLP
(Civil) No.5528 of 2024 in case of Nayna Prahaladbhai
Indrodia V/s. State of Gujarat whereby Letters Patent
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Appeal preferred against the aforesaid decision of
Division Bench was also dismissed.
4. By placing the aforesaid decision of Division Bench of
this Court and decision of the Hon'ble Supreme Court,
learned AGP Ms.Bhati submitted that the identically
situated petitioners have failed before learned Single
Judge and that order is confirmed up to the Hon'ble
Supreme Court and therefore, this petition is also
required to be dismissed in the light above orders which
are placed on record by learned AGP Ms. Bhati.
5. Learned advocate Mr. Qureshi could not dispute the
aforesaid fact and he, therefore, prayed that appropriate
order be passed.
6. In view of fact that the petition is covered by decision
of Division Bench of this Court in Letters Patent Appeal
No.1313 of 2022 in case of Hardik Pradipbhai Joshi V/s.
State of Gujarat which is confirmed by the Hon'ble
Supreme Court vide order dated 15.03.2024 in SLP
(Civil) No.5528 of 2024 in case of Nayna Prahaladbhai
Indrodia V/s. State of Gujarat, no further orders are
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required to be passed as the issue is covered by above
decision.
7. In view of above, the present petition as well as civil
application are required to be dismissed and the same
are dismissed. Notice discharged.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
