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Gujarat High Court
Laxmiben Ashvinbhai Katara vs State Of Gujarat on 23 March, 2026
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
C/SCA/1915/2026 ORDER DATED: 23/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 1915 of 2026
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LAXMIBEN ASHVINBHAI KATARA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR PA JADEJA(3726) for the Petitioner(s) No.
1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115
,116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,
132,133,134,135,136,137,138,139,14,140,141,142,143,144,145,146,147,148,
149,15,150,151,152,153,154,155,156,157,158,159,16,160,161,162,163,164,1
65,166,167,168,169,17,170,171,172,173,174,175,176,177,178,179,18,180,18
1,182,183,184,185,186,187,188,189,19,190,191,192,193,194,195,196,197,19
8,199,2,20,200,201,202,203,204,205,206,207,208,209,21,210,211,212,213,2
14,215,216,217,218,219,22,220,221,222,223,224,225,226,227,228,229,23,23
0,231,232,24,25,26,27,28,29,3,30,31,32,33,34,35,36,37,38,39,4,40,41,42,43,
44,45,46,47,48,49,5,50,51,52,53,54,55,56,57,58,59,6,60,61,62,63,64,65,66,6
7,68,69,7,70,71,72,73,74,75,76,77,78,79,8,80,81,82,83,84,85,86,87,88,89,9,9
0,91,92,93,94,95,96,97,98,99
MS DEVANSHI PATEL AGP for the Respondent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 23/03/2026
ORAL ORDER
1. Heard learned Advocate Mr. P. A. Jadeja for the
Petitioner. Learned Advocate Mr. Jadeja fairly states that the
present petition is covered by the decision dated 25.09.2025
passed in Special Civil Application No. 13312 of 2025 in the
case of Nayak Baldevsinh Narsinh and others vs. State of
Gujarat and others. However, this petition was left out at the
relevant point of time and has been filed subsequently, and
therefore, a similar order may be passed.
NEUTRAL CITATION
C/SCA/1915/2026 ORDER DATED: 23/03/2026
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2. Learned AGP Ms. Devanshi Patel could not dispute the
aforesaid facts.
3. On 25.09.2025, the Coordinate Bench, in the case of
Nayak Baldevsinh Narsinh (supra), passed the following order:
"1. Heard learned advocate Mr. P.A. Jadeja or the
petitioners and learned AGP Mr. Mitul Gautam for the
respondent No.1 - State.
2. By way of this petition, the petitioners have sought for
following prayers:
"(A) Your Lordships may be pleased to issue an
appropriate writ, order or direction, more
particularly a writ of mandamus, directing the
respondent authorities not to discontinue, terminate
or remove the petitioners from their services as
Administrator-cum-Cooks under the PM Poshan
Yojna (formerly Mid-Day Meal Scheme), merely on
the ground of introduction of centralized kitchens.
(B) Your Lordships may be pleased to direct the
respondent authorities to continue the petitioners on
their existing post of Administrator-Cum- Cook in
accordance with the communication dated
18.02.2025 of the Education Department annexed
hereinabove as Annexure-C Colly.
NEUTRAL CITATION
C/SCA/1915/2026 ORDER DATED: 23/03/2026
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(BB) Your Lordships be pleased to direct the
respondents to consider the long time service of the
petitioners and consider their case for regularisation,
in the interest of justice:
(C) Your Lordships may, Pending admission, hearing
and final disposal of this petition, be pleased to
restrict the respondent authorities from terminating,
discontinuing or in any manner disturbing the
services of the petitioners under the PM Poshan
Yojna;
(D) Be pleased to pass such other and further
approach orders in favour of the petitioner in the
interest of justice."
3. Considering the submissions made by learned advocate
Mr. Jadeja and learned AGP Mr. Gautam, it would
appear that the petitioners have approached this Court in
apprehension of a decision, which as of now, to this
Court, the State has not yet contemplated. On the
contrary, perusing the Government Resolution dated
20.01.2025, which is with regard to implementing the PM
Poshan scheme. It would clearly appear that the State has
decided that the employees of the Scheme would be
retained even upon the centralized kitchens for Mid-Day
Meal being operational and whereas the services of the
persons appointed under the Scheme is proposed to be
retained for other services including serving food etc.
4. Attention of this Court has also been drawn by learned
NEUTRAL CITATION
C/SCA/1915/2026 ORDER DATED: 23/03/2026
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AGP Mr. Gautam to an order passed by a learned
Coordinate Bench dated 10.01.2025 in Special Civil
Application No.379 of 2025, whereby in a similar
scenario, this Court had relegated the petitioners to
approach the respondents by way of a representation and
whereas it would appear that in response to the
representation, the State has reiterated its stand as found
in GR dated 20.01.2025 that the services of such persons
employed in the PM Poshan Scheme would be retained,
whereas they would be required to do other works as
envisaged in the said clause.
5. Having regard to such a scenario, to this Court, it
would appear that the present petition is premature,
more particularly it does not appear to this Court that
there is any attempt on part of the State either to
terminate the services of the petitioners or not to renew
their contract as attempted to be submitted by learned
advocate Mr. Jadeja. For this reason, the present petition
is not entertained.
Needless to clarify that in case of any adverse
action in future, it would be open for the petitioners to
avail appropriate opportunity in accordance with law."
4. As it is fairly stated by learned Advocate Mr. Jadeja that
the case of the present petitioner is also governed by the
aforesaid decision, no further order is required. Hence, the
NEUTRAL CITATION
C/SCA/1915/2026 ORDER DATED: 23/03/2026
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direction issued by the Coordinate Bench in paragraph 5, as
reproduced hereinabove, shall apply to the facts of the present
case as well. Accordingly, the petition is disposed of.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
