Gujarat High Court
Patel Twinkle Narendrabhai vs State Of Gujarat on 24 June, 2025
NEUTRAL CITATION
C/SCA/13608/2020 ORDER DATED: 24/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13608 of 2020
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PATEL TWINKLE NARENDRABHAI
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS MAMTA R VYAS(994) for the Petitioner(s) No. 1
MR HENIL SHAH, AGP for the Respondent(s) No. 1,2,3
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 24/06/2025
ORAL ORDER
1. This petition is filed for the following prayers:
"20(A) Your Lordships may be pleased to issue a writ of
mandamus or any other appropriate writ, order or direction
quashing and setting the action of the respondent authorities
of not giving appointment to the petitioner in Grant-in-Aid
Higher Secondary School from 2017 and further be pleased
to direct the respondents to issue appointment order to the
petitioner in any school of Ahmedabad District with all
consequential benefits from the date when less meritorious
candidates are given appointment.
(B) Pending admission, hearing and final disposal of the
present petition, be pleased to direct the respondent
authorities to consider the case of petitioner for appointment
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in the subject of Biotechnology/Biology and further be
pleased to direct them to issue appointment order in the
recent round in any school of Ahmedabad district;
(C) Pending admission, hearing and final disposal of the
present petition, be pleased to direct the respondent
authorities to keep one post of Shikshan Sahayak vacant in
the subject of Biotechnology/Biology in Ahmedabad District.
(D) xxxx"
2. Heard learned advocates for the parties.
3. Learned advocate for the petitioner has submitted
that a group of petitions wherein similar set of facts were
involved was decided by the coordinate Bench of this Court
vide order dated 17.2.2020 passed in Special Civil Application
Nos.5936 of 2017 and allied matters and the facts of the
present petition are covered by the said judgment. She
further submitted that the said judgment was carried in
Letters Patent Appeal, which also came to be dismissed by
the Division Bench of this Court vide judgment dated
24.9.2024. She has produced the copies of the said judgments
for perusal of this Court.
4. Learned AGP Mr.Shah, on perusal of the facts of
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C/SCA/13608/2020 ORDER DATED: 24/06/2025
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the case on hand and the judgments referred to and relied
on by learned advocate for the petitioners, submitted that
this petition is covered by the said judgments and
appropriate order may be passed.
5. Considering the facts of the present case, the
material available on the record, the submissions advanced by
learned advocates for the parties and the judgments referred
to and relied on by learned advocate for the petitioner,
wherein the coordiante Bench and the Division Bench of this
Court, have discussed and observed in the similar set of facts
and allowed the said petitions and the Letters Patent
Appeals, with some observations, this petition is required to
be allowed on the same line.
6. Accordingly, this petition is allowed. The impugned
action on the part of the respondents-authorities in not
issuing appointment letter to the petitioner for the post of
Shikshan Sahayaks in the subject of Biotechnology/Biology is
set aside. The respondents are directed to issue appointment
order to the petitioner forthwith. The petitions are allowed
with consequential benefits to follow.
(SANDEEP N. BHATT,J)
SRILATHA
