Gujarat High Court
Vishnubhai Amrutlal Darji vs State Of Gujarat on 25 June, 2025
NEUTRAL CITATION
C/SCA/18092/2015 ORDER DATED: 25/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18092 of 2015
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VISHNUBHAI AMRUTLAL DARJI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR N R DESAI(6504) for the Petitioner(s) No. 1,2,3,4,5
MR P P MAJMUDAR(5284) for the Petitioner(s) No. 1,2,3,4,5
MR. HENIL SHAH, AGP for the Respondent(s) No. 1
MR HS MUNSHAW(495) for the Respondent(s) No. 3
MR MANISH J PATEL(2131) for the Respondent(s) No. 4
RULE SERVED BY DS for the Respondent(s) No. 2,5
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 25/06/2025
ORAL ORDER
1. The present petition is filed for seeking the following
reliefs:
(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus or any
other appropriate writ, directions order directing the
respondent authorities to fix the quota in promotional
avenues and the ratio between the teachers who hold and
who do not hold the minimum qualification for promotion to
post of Head Teacher in lower primary section, as per
judgment of this Hon'ble Court in LPA No.296 of 2014
dated 01.12.2014 and further pleased to be restrain the
respondent authorities from giving any appointments as
head teachers without first undertaking the aforesaid
NEUTRAL CITATION
C/SCA/18092/2015 ORDER DATED: 25/06/2025
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exercise and earmarking the post of head teachers for lower
primary schools (Std. I-V) and upper primary schools (Std.
VI-VIII) and without earmarking the posts to be filled up
by promotion and the post to be filled up by direct
recruitment in both sides of sections of lower and upper
primary schools and without first laying down the minimum
qualifications required the head teachers of for lower
primary schools as required by the statutory provisions of
Sections 19 and 25 read with the Schedule Children to of
Right Free of and Compulsory Education Act, 2009 and also
further be pleased to directed the respondent authorities not
to disturb the petitioners, who is serving as head teachers
by appointing direct recruitees on their posts and to
consider the petitioners in the quota of promotion for
unqualified teachers on the basis of their seniority without
disturbing their position and to continue
the petitioners as Teachers; Head
(B) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ mandamus in nature the any of other
or appropriate writ, order or directions quashing and setting
aside the ongoing process of recruitment of head teachers
2014-15 by the respondent authorities without making
distinction between the head teachers for lower primary
schools (Std. I-V) and upper primary schools (Std. VI-VIII)
as required by the statutory provisions of Sections 19 and
25 read with the Schedule of Right of Children to Free and
Compulsory Education Act, 2009;
(C) During the pendency and final disposal of the present
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C/SCA/18092/2015 ORDER DATED: 25/06/2025
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petition YOUR LORDSHIPS may be pleased respondent to
restrain the authorities from altering the service condition
of the petitioners to their disadvantage in any manner;
(D) Pass any such other further orders that and/or may
thought just and proper, be in the facts and circumstances
of the present case;"
2. Learned advocate for the petitioner has submitted that
in view of Resolution dated 01.05.2022 passed by the
Education Department, Government of Gujarat, prayers made
in the present petition has become infructuous.
3. Accordingly, the present petition is disposed of as
having become infructuous. Rule stands discharged.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
