Gujarat High Court
State Of Gujarat vs Nk Mekwan Managing Trustee And Manager on 20 November, 2025
Author: Bhargav D. Karia
Bench: Bhargav D. Karia
NEUTRAL CITATION
C/CA/697/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 697 of
2025
In F/LETTERS PATENT APPEAL NO. 36249 of 2024
With
R/CIVIL APPLICATION NO. 1268 of 2025
In
F/LETTERS PATENT APPEAL NO. 36191 of 2024
With
R/CIVIL APPLICATION NO. 1560 of 2025
In
F/LETTERS PATENT APPEAL NO. 36181 of 2024
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STATE OF GUJARAT & ORS.
Versus
NK MEKWAN MANAGING TRUSTEE AND MANAGER & ORS.
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Appearance:
MS SHRUTI DHRUVE, AGP for the Applicant(s) No. 1,2,3
MS KAJAL SHINGADIYA FOR MR NV GANDHI(1693) for the Respondent(s)
No. 1,1.1
MR VILAS G GOSWAMY(3217) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 20/11/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)
1. Heard learned Assistant Government Pleader
Ms.Shruti Dhruve for the applicant and learned advocate
Ms.Kajal Shingadiya for learned advocate Mr.N.V.Gandhi for
the respondent no.1.
2. These applications are filed to condone the delay
of 399 days in filing the Letters Patent Appeals.
3. The cause for delay is pleaded in paragraph 3 of
NEUTRAL CITATION
C/CA/697/2025 ORDER DATED: 20/11/2025
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the applications, wherein it is stated that on 7.12.2023, the
Education Department informed to the concerned Assistant
Government Pleader for opinion and thereafter on 11.12.2023,
proposal was sent to the office of the Commissioner of
Schools, Gandhinagar and on 20.1.2024, legal opinion was
sought and thereafter on 19.3.2024, Legal Department gave
permission to file these Letters Patent Appeals.
4. This Court (Coram: A,S,Supheia,J and
R.T.Vachhani,J) has passed the following order on 20.6.2025:
"Learned AGP Ms.Vrunda Shah for the applicant-State shall
produce the show-cause notice dated 16/04/2025 issued to the
erring Officer who is responsible for the gross delay of 399
days. Learned AGP Ms.Shah shall also produce the reply, if
any filed by the erring officer and order passed thereon by
the respondent no.2 and further steps taken by the
respondent no.2 in the matter. Such reply shall be filed on
or before the next date of hearing. Matter is ordered to be
listed for hearing on 23/07/2025."
5. Learned Assistant Government Pleader Ms.Dhruve
for the applicant invited the attention of the Court to the
additional affidavit filed on behalf of the applicant no.3 to
point out that the delay is not caused intentionally and same
is caused by bonafide sufficient reason as the delay is caused
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C/CA/697/2025 ORDER DATED: 20/11/2025
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due to policy requirements and process of obtaining inter-
departmental permissions. It was also pointed out that show
cause notice was issued on 16.4.2025 to the District
Education Officer for the delay accrued in preferring the
Letters Patent Appeals and necessary actions are taken
against the erring officer to fix the accountability for the
delay caused for filing the Letters Patent Appeals.
6. It was, therefore, submitted that as delay was
caused due to sufficient cause, the same may be condoned.
7. On the other hand, learned advocate for the
respondent no.1.1 relied upon the affidavit-in-reply and
submitted that there is no sufficient cause shown for the
delay of 399 days in preferring the appeal as the issue is
pending since 2006. It was pointed out that being aggrieved
by the judgment and order dated 15.9.2017 in the Special
Civil Application, the appeal was preferred by the appellant
which was disposed of by the Division Bench vide order
dated 6.5.2019 reserving the liberty to prefer review
application. It was further submitted that in view of the
liberty reserved by the Division Bench, review application was
preferred with delay which was condoned by the learned
Single Judge by order dated 21.4.2023 by recalling the
judgment and order dated 15.9.2017 and thereafter again, by
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C/CA/697/2025 ORDER DATED: 20/11/2025
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the judgment and order dated 17.10.2023, allowed the Special
Civil Application. It was submitted that the controversy
involved between the parties pertains to issuance of the NOC
by the applicant. Since last more than twenty years, there is
hanging sword upon the teachers appointed by the respondent
no.1.1 and the learned Single Judge therefore, has rightly
decided the issue in favour of the original petitioners. It was,
therefore, submitted that delay of 399 days having not been
explained, the applications deserve to be dismissed.
8. Considering the above submissions and the issue
involved in the litigations as to whether the NOC is required
to be obtained prior to appointment order or the same can
be obtained after the appointment by the concerned school is
concerned, the applicability of the circular dated 16.10.1998 is
required to be examined.
9. Having considered the additional affidavits filed on
behalf of the applicant and in view of the proceedings
initiated against the erring officer for the delay caused for
filing the Letters Patent Appeals and in view of the prima
facie case made out by the applicant, we are of the opinion
that the delay of 399 days having been sufficiently explained,
is required to be condoned.
NEUTRAL CITATION
C/CA/697/2025 ORDER DATED: 20/11/2025
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10. Accordingly, the delay of 399 days in preferring
the appeal is ordered to be condoned. Applications allowed
accordingly. Registry to list the appeals for admission hearing
in due course.
(BHARGAV D. KARIA, J)
(L. S. PIRZADA, J)
SRILATHA
