Gujarat High Court
Joshi Diptiben Kapilrai vs State Of Gujarat on 31 July, 2025
NEUTRAL CITATION
Modification of Order dtd.
C/MCA/1757/2025 17/06/2025 in R/SCA/21553/2023ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR REVIEW) NO. 1757 of 2025
[Review of the order dated 17/06/2025 in R/SCA/21553/2023 ]
In R/SPECIAL CIVIL APPLICATION NO. 21553 of 2023
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JOSHI DIPTIBEN KAPILRAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR. RAJESH G BAROT(7134) for the Applicant(s) No. 1
MS SURBHI BHATI, AGP for the Opponent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 31/07/2025
ORAL ORDER
1. This Miscellaneous Civil Application is filed for the
following prayers:
"8(A) This Hon'ble Court may be pleased to admit and allow
the present Miscellaneous Civil Application and further be
pleased to Review the Order dated 17.06.2025 passed by this
honourable court (Coram : Hon'ble Mr.Justice Sandeep
N.Bhatt) in Special Civil Application No.21553 of 2023 to the
extent that in para.5 instead of Jamnagar, Dev-bhumi
dwarka be rectify in the interest of justice.
(B) xxxx"
2. Considering the averments made in the application
and the submissions made by learned advocate for the
petitioner that inadvertently in the memo of the petition
NEUTRAL CITATION
Modification of Order dtd.
C/MCA/1757/2025 17/06/2025 in R/SCA/21553/2023ORDER DATED: 31/07/2025
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itself, it is mentioned as Jamnagar and therefore the error
has erupted in the order also, this application is allowed in
terms of paragraph 8(A). The word `Jamnagar' in paragraph
5 of the order dated 17.6.2025 passed in Special Civil
Application No.21553 of 2023 be corrected and read as `Dev-
bhumi dwarka'
3. Registry to issue fresh writ accordingly.
(SANDEEP N. BHATT,J)
SRILATHA
NEUTRAL CITATION
Present Order is modified vide
C/SCA/21553/2023 Order dtd. 31/07/2025 in ORDER DATED: 17/06/2025
R/MCA/1757/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 21553 of 2023
==========================================================
JOSHI DIPTIBEN KAPILRAI
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
ADVOCATE NOTICE NOT RECD BACK for the Petitioner(s) No. 1
MS SURBHI BHATI, AGP for the Respondent(s) No. 1,2,3
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 17/06/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"9(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 consider the case of the
petitioner for absorption in District Education Committee,
Jamnagar and be allowed to have their LIEN in view of
Government Resolution dated 23rd August 1973 as well as in
view of oral judgment passed in SCA No.21562 of 2019
dated 13/09/2022 Ann.G and other similar type of matters
and thereafter in pursuance to that the respondent No.1 has
passed an appropriate orders as per the Government
Resolution dated 23rd August 1973 Ann.A accordingly,
NEUTRAL CITATION
Present Order is modified vide
C/SCA/21553/2023 Order dtd. 31/07/2025 in ORDER DATED: 17/06/2025
R/MCA/1757/2025
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forthwith in the interest of justice;
(C) Your Lordships may be pleased to issue an appropriate
writ, order or direction that to consider the case of the
petitioner for absorption in District Education Committee,
Sabarkantha and be allowed to have their LIEN in view of
Government Resolution dated 23 rd August 1973 in the
interest of justice.
(D) Your Lordships may be pleased to issue an appropriate
writ, order or direction and direct to quashed and set aside
the impugned order dated 21/05/2019 passed by the
Education Department, Government of Gujarat, Block No.5,
8th Floor, Sachivalaya, Gandhinagar (Annexure-D) in the
interest of justice.
(E) Pending admission and final disposal of this petition this
Hon'ble Court may be pleased to grant the prayer described
in paragraph No.9(B) & (C) and further be directed to
restrain the respondents authorities from removal of
Petitioner without due process of law in the interest of
justice;
(F) xxxx"
2. Though advocate notice is served, none appears for
the petitioner.
3. It is required to be noted that in the prayer, it is
prayed to grant relief in terms of the order judgment passed
in Special Civil Application No.21562 of 2019 dated 13.9.2022
NEUTRAL CITATION
Present Order is modified vide
C/SCA/21553/2023 Order dtd. 31/07/2025 in ORDER DATED: 17/06/2025
R/MCA/1757/2025
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and other similar type of matters.
4. 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 passed in
Special Civil Application Nos.21562 of 2019, this petition is
required to be allowed.
5. Accordingly this petition is allowed. The impugned
order passed by the Education Department is quashed and
set aside. The respondents are directed to confer the benefit
of lien to the petitioner/s in the District Education
Committee, Jamnagar, with all consequential benefits and
pass appropriate orders to that effect within a period of ten
weeks from the date of receipt of copy of this order.
(SANDEEP N. BHATT,J)
SRILATHA
