Shri Nirman Trust Through Managing ... vs Taranaben Gajanandbhai Trivedi
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Gujarat High Court

Shri Nirman Trust Through Managing ... vs Taranaben Gajanandbhai Trivedi on 17 March, 2026

                                                                                                                  NEUTRAL CITATION




                              C/SCA/8368/2022                                      ORDER DATED: 17/03/2026

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                  R/SPECIAL CIVIL APPLICATION NO. 8368 of 2022

                                                    With
                             CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025
                                                      In
                              R/SPECIAL CIVIL APPLICATION NO. 8368 of 2022
                       =========================================================
                          SHRI NIRMAN TRUST THROUGH MANAGING TRUSTEE & ANR.
                                                   Versus
                                 TARANABEN GAJANANDBHAI TRIVEDI & ANR.
                       =========================================================
                       Appearance:
                       MR DG SHUKLA(1998) for the Petitioner(s) No. 1,2
                       MR HARSHEEL D SHUKLA(6158) for the Petitioner(s) No. 1,2
                       MS. DHRUTI PANDYA, ASST. GOVERNMENT PLEADER for the
                       Respondent(s) No. 2
                       MR PRAKASHKUMAR R VAGHELA(12012) for the Respondent(s) No. 1
                       =========================================================

                         CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                                          Date : 17/03/2026

                                                                ORAL ORDER

[1] The present petition is filed under Article 226 of the Constitution, at the instance of the petitioner - School Management, challenging the order dated 02.02.2022 passed by the Gujarat Educational Institution Services Tribunal, Ahmedabad (for short 'the Tribunal') in Application No.84 of 2020.

[2] At the outset, it is required to be observed that the order impugned before the Tribunal dated 01.12.2020 passed by respondent No.2 herein - District Education Officer, declaring respondent No.1 as surplus teacher of petitioner - school and pursuant to the aforesaid impugned order, petitioner herein

NEUTRAL CITATION

C/SCA/8368/2022 ORDER DATED: 17/03/2026

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appears to have passed an order dated 10.12.2020 relieving respondent No.1 herein from its school. Both these orders have been quashed and set aside by the Tribunal.

[3] The order impugned passed by the petitioner dated 10.12.2020 is nothing but an implementing order pursuant to the order impugned passed by respondent No.2 on 01.12.2020. Since the impugned order dated 01.12.2020 passed by the District Education Officer is quashed and set aside, as a fortiori, the impugned order passed by the petitioner dated 10.12.2020 would not stand and has been correctly set aside by the Tribunal. The petitioner could not have questioned the order of Tribunal impugned in this petition, inasmuch as, respondent No.2- DEO is the aggrieved by quashing of its order dated 01.12.2020. Furthermore, it is not in dispute that the petitioner

- school is a grant-in-aid school and salary of its educational and non-educational staffs have been paid by the State and not by the school management.

[4] Accordingly, I am of the view that petitioner cannot be permitted to challenge the order passed by the Tribunal, impugned in this petition.

[5] At this stage, Mr. Shukla, learned advocate for the petitioner would draw the attention of this Court that pursuant to the order passed by the Tribunal, an Execution Application is filed by respondent No.1 and same is pending before the Tribunal.

[6] If any adverse order will be passed against the petitioner in

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C/SCA/8368/2022 ORDER DATED: 17/03/2026

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Execution proceedings by the Tribunal, it is always open for the petitioner to challenge it before appropriate Court / Forum in accordance with law.

[7] So far as other submissions of Mr. Shukla, learned advocate for the petitioner that petitioner may be permitted to initiate departmental action against respondent No.1 for her alleged misconduct is concerned, if permissible in law, it is always open for the petitioner to take appropriate disciplinary proceedings against respondent No.1.

[8] In light of the aforesaid observations and reasons, I do not find any merit in this petition, which requires to be dismissed. Accordingly, it is hereby dismissed. Notice stands discharged. No order as to costs.

[9] In view of disposal of the main matter, as a sequel, the Civil Application is also disposed of.

(MAULIK J.SHELAT,J) Lalji Desai