Gujarat High Court
Beenaben Khushalsinh Rajput vs Hon'Ble Gujarat Secondary Education ... on 1 July, 2025
NEUTRAL CITATION
C/SCA/16461/2013 ORDER DATED: 01/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 16461 of 2013
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BEENABEN KHUSHALSINH RAJPUT
Versus
HON'BLE GUJARAT SECONDARY EDUCATION TRIBUNAL & ORS.
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Appearance:
MR P P MAJMUDAR(5284) for the Petitioner(s) No. 1
MR PARTH PATEL, AGP for the Respondent(s) No. 1,2,3
MS MAMTA R VYAS(994) for the Respondent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 01/07/2025
ORAL ORDER
1. The present petition is filed with the following
main prayers.
"20(A) Your Lordships may be pleased to issue
a writ of mandamus/certiorari or a writ in the
nature of mandamus/certiorari or any other
appropriate writ, order or directions quashing
and setting aside order dated 26.07.2013 passed
by respondent No.1 - Hon'ble Gujarat Primary
Education Tribunal, Ahmedabad in Application
No.200 of 2010 (at Annexure-G hereto) and
further be pleased to allow the prayers made
by the petitioner in Application No.200 of 2010
(at Annexure-D hereto);
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(B) During the pendency and final disposal
of the present petition, Your Lordships may be
pleased to stay operation, implementation and
execution of the order dated 26.07.2013 passed
by respondent No.1 - Hon'ble Gujarat Primary
Education Tribunal, Ahmedabad in Application
No.200 of 2010 (at Annexure-G hereto) and
further be pleased to direct hat the petitioner
may be absorbed in any aided school;"
2. Heard learned advocates.
3. Learned advocate Mr.Panthil Majmudar for the
petitioner has submitted that the petitioner is similarly
situated employee at par with the petitioners of Special Civil
Application No.2957 of 2008 and Special Civil Application
No.60 of 2008. He has further submitted that those petitions
are decided by the Coordinate Bench of this Court vide order
dated 18.04.2016 and against which, Letters Patent Appeal
was filed being Letters Patent Appeal No.1409 of 2016,
wherein the Division Bench of this Court has, vide order
dated 08.03.2022, disposed of the appeal and directed the
authority concerned to consider the submissions of the
employees involved in that matter strictly on merits, as
expeditiously as possible. He has, therefore, submitted that
since the present petition is similarly situated employee at
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par of those employees, same direction may be given to the
respondent authorities.
4. Learned advocate Ms. Mamta Vyas for respondent
No.4 has submitted that as such, respondent No.4 is not a
contesting party and the Government would be the contesting
party in this matter. She has submitted that appropriate
order may be passed.
5. Learned AGP Mr.Parth Patel, upon instruction, has
submitted that the issue involved in the present petition is
identical to that of those matters, therefore, appropriate
orders may be passed considering the facts of the present
case.
6. I have considered the submissions made by the
learned advocates for the respective parties. As averred, since
the issue involved in the present petition is identical to that
matter - Letters Patent Appeal No.1409 of 2016 and the
Division Bench has disposed of that matter with appropriate
direction to the State Authorities concerned and the parties
are agreed for the same if similar directions may be issued,
the relevant paras 2 to 5 of the order dated 08.03.2022
recorded on Letters Patent Appeal No.1409 of 2016 are
reproduced as under :
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"2. Both these intra-court appeals under
Clause 15 of the Letter Patent arise out of a
common judgment dated 18.04.2016 passed by
the learned Single Judge, wherein the order
passed by the Gujarat Secondary Education
Tribunal dated 03.11.2007 came to be
challenged.
3. During the course of hearing before the
Co-ordinate Bench, the following order was
passed on 19.07.2021.
"As one of the Appellants namely,
Mr.Shard P. Mehta is set to have
retired upon achieving the age of
superannuation, therefore, they may
take instructions from both Appellants
whether they would like to pursue the
matter or not and they may be
relegated to the higher authority who
may provide an opportunity of hearing
and may pass an order in the facts and
circumstances of the present case
without being influenced by the
observations made by the learned Single
Judge."
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4. Mr. Hemang Shah, learned advocate
appearing for both the appellants, upon
instructions, submits that both the appellants
are ready and willing to pursue the matter
before the higher authorities as provided as per
the order dated 19.07.2021.
5. We are of the opinion that the same
would sub-serve the interest of justice in
peculiar facts of this case and accordingly
respondent No.2- Commissioner of School and
Midday Meals, Gandhinagar is hereby directed
to provide an opportunity of hearing to both
the appellants. The appellants are at liberty to
file written submissions and any other
documentary evidence. As the issue is pending
since long and as the appellants are senior
citizens, respondent No.2 shall, subject to co-
operation of the appellants, shall consider all
submissions that may be made on it and pass
an order as expeditiously as possible strictly on
merits without any manner being influenced by
the orders passed by the Educational Tribunal
as well as by the learned Single Judge of this
Court."
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7. Under the circumstances, this Court is of the
opinion that, looking to the peculiar facts and circumstances
of the case, interest of justice would be served if similar
direction may be issued.
8. Accordingly, respondent No.3 - Commissioner of
School and Midday Meals, Gandhinagar is hereby directed to
provide an opportunity of hearing to the petitioner. The
petitioner is at liberty to file written submissions and any
other documentary evidence. As the issue is pending since
long and as the petition is a senior citizen, respondent No.3
shall, subject to co-operation of the petitioner, shall consider
all submissions that may be made on it and pass an order
as expeditiously as possible, strictly on merits, without any
manner being influenced by the orders passed by the
Educational Tribunal."
9. In view of above, the present petition is disposed
of accordingly.
(SANDEEP N. BHATT,J)
M.H. DAVE
