State Of Gujarat vs Kumudben Joshi P.T.C College Run By ...
2025 Latest Caselaw 7676 Guj

Gujarat High Court

State Of Gujarat vs Kumudben Joshi P.T.C College Run By ... on 4 November, 2025

Author: Sunita Agarwal

Bench: Sunita Agarwal

                                                                                                           NEUTRAL CITATION




                               C/CA/5019/2025                              ORDER DATED: 04/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 5019 of
                                                     2025

                                       In R/LETTERS PATENT APPEAL NO. 1198 of 2025

                                                    With
                                   R/LETTERS PATENT APPEAL NO. 1198 of 2025
                                                      In
                                 R/SPECIAL CIVIL APPLICATION NO. 8126 of 2025
                                                    With
                        CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/LETTERS PATENT
                                            APPEAL NO. 1198 of 2025
                                                      In
                                 R/SPECIAL CIVIL APPLICATION NO. 8126 of 2025
                       ==========================================================
                                          STATE OF GUJARAT & ANR.
                                                    Versus
                          KUMUDBEN JOSHI P.T.C COLLEGE RUN BY HARSIDDH SARVAJANIK
                                                   TRUST
                       ==========================================================
                       Appearance:
                       GOVERNMENT PLEADER for the Applicant(s) No. 1,2
                       KOMAL S DAVE(8152) for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
                                SUNITA AGARWAL
                                and
                                HONOURABLE MR.JUSTICE D.N.RAY

                                                       Date : 04/11/2025

                                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

Mr. Harsh Upadhyay, learned advocate holding a bring of Mr. Sidhharth Dave, learned advocate appearing for the respondent no. 1.

The delay of 52 days caused in filing the main Letters Patent Appeal has not been seriously disputed by the learned counsel for the respondent. The delay has been explained to the satisfaction of the Court. The delay is condoned. The Civil

NEUTRAL CITATION

C/CA/5019/2025 ORDER DATED: 04/11/2025

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Application is disposed of. The appeal be treated to have been filed within the time. The office shall allot the regular number to the Appeal.

In view of the admitted fact that the respondent - petitioner college is having recognition of NCTE as on date, no error can be found in the order passed by the learned Single Judge in permitting the petitioner - college to participate in the admission process for the programme of Diploma in Elementary Education. The opinion drawn by the learned Single Judge for the mere fact that the performance of appraisal report as per the public notice dated 09.09.2024 issued by the NCTE was not uploaded by the petitioner - college, the action of the State Government in prohibiting the petitioner from participating in the admission process is in excess of jurisdiction, cannot be said to suffer from any error of law.

We fully endorse the views expressed by the learned Single Judge to issue the directions contained in the judgment impugned. The present appeal is dismissed being devoid of merits. No order as to costs.

(SUNITA AGARWAL, CJ )

(D.N.RAY,J) VARSHA DESAI