[Cites 1, Cited by 0]
Gujarat High Court
Girishkumar Kalidas Patel vs State Of Gujarat on 21 April, 2026
NEUTRAL CITATION
C/SCA/17548/2019 ORDER DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 17548 of 2019
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GIRISHKUMAR KALIDAS PATEL
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR JAY R SHAH(8428) for the Petitioner(s) No. 1
MR BHAVESH J PATEL(6801) for the Petitioner(s) No. 1
MR. RADHESH Y VYAS(7060) for the Petitioner(s) No. 1
MS DHRUTI PANDYA, AGP for the Respondent(s) No. 1,2
MR UM SHASTRI(830) for the Respondent(s) No. 3,4
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 21/04/2026
ORAL ORDER
1. Heard Mr.Bhavesh Patel, learned advocate fro the
petitioner and Ms.Dhruti Pandya, learned AGP for the State
respondents.
2. The present petition is filed under Article 226 of the
Constitution of India, seeking the following reliefs:
"(A) Your Lordships may be pleased to admit and allow this
petition;
(B) Your Lordships may be pleased to issue an appropriate
writ, order or direction that to declare the transfer order dated
06/09/2019 of Mukeshkumar Bhagwanbhai Machhi at Bhatpura
Primary School is illegal and against the provisions of law and
declare the petitioner is entitle and eligible for getting the
benefits of Mother School i.e. Bhatpura Primary School as per
the Government Resolutions dated 23/05/2012 and 21/08/2018
in the interest of justice.
NEUTRAL CITATION
C/SCA/17548/2019 ORDER DATED: 21/04/2026
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(C) Your Lordships may be please to issue an appropriate writ,
order or directing to the respondent authority to consider the
case of the petitioner and give the benefits of Mother School
i.e.Bhatpura Primary School as per the Government Resolutions
dated 23/05/2012 and 21/08/2018 in the interest of justice.
(D) Pending admission and till the final disposal of this petition,
Your Lordships may be pleased to stay the transfer order of
Mukeshkumar Bhagwanbhai Machhi to Bhatpura Primary School
dated 06/09/2019 (Annexure-F) in the interest of justice."
3. At the outset, Mr.Patel, learned advocate for the
petitioner would submit that during the pendency of this
petition, the petitioner made a representation dated
27/03/2025 before respondent No.3, thereby requested
respondent No.3 to consider the request of the petitioner as
ventilated in the aforesaid representation. It is also stated in
the representation that in a case where the petitioner will be
accommodated at his parent school, he will not press this
petition.
4. Mr. Patel, learned advocate for the petitioner, would
request this Court to take the aforesaid representation on
record. The request is accepted and the representation is
taken on record.
5. Mr. Patel, learned advocate for the petitioner, under the
instruction of his client, would state that a suitable direction
may be issued to respondent No.3 to decide the
representation as early as possible, preferably before the
camp and date of schedule of transfer of surplus Teachers.
NEUTRAL CITATION
C/SCA/17548/2019 ORDER DATED: 21/04/2026
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6. Having heard Mr.Patel, learned advocate for the
petitioner and Ms.Pandya, learned AGP for the respondent
State and considering the fact that during the pendency of
this petition, the petitioner has submitted the aforesaid
representation dated 27/03/2025, without further entering
into the merits, at this stage, I am of the view that respondent
No.3 can be directed to decide the aforesaid representation of
the petitioner before the date of the camp/schedule of transfer
of surplus teachers.
7. Accordingly, it is hereby directed to respondent No.3 to
decide the aforesaid representation of the petitioner dated
27/03/2025 on or before the next date of the camp/schedule of
transfer of surplus teachers, in accordance with law. If so
required and prayed for by the petitioner to give a personal
opportunity, the same shall be afforded by respondent No.3
before passing a reasoned order on the aforesaid
representation of the petitioner.
8. Accordingly, the present petition, at this stage, is
disposed of with the aforesaid direction. Direct service is
permitted.
(MAULIK J. SHELAT, J)
GAURAV J THAKER
