Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 2211 (GUJ)

KISHORSINH DHANVANTSINH SODHA v. PRESIDENT/SECRETARY

SCA/22546/2017 · 2025-09-12

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/SCA/22546/2017 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 22546 of 2017 ========================================================== KISHORSINH DHANVANTSINH SODHA Versus PRESIDENT/SECRETARY & ORS. ========================================================== Appearance: MR RR VAKIL(964) for the Petitioner(s) No. 1 RULE SERVED for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 12/09/2025 ORAL ORDER 1. The petitioner had submitted an application for being appointed on the post of Sathi Sahayak pursuant to an advertisement. His application was favourably considered by the Committee and a recommendation was made for appointing the petitioner. This process was undertaken in the year 2002. However, the District Education Officer did not take any further steps either to grant approval or to refuse approval to the recommendation. The petitioner also did not approach any legal forum seeking for a direction to the District Education Officer for granting approval. 2. However, 11 years thereafter, i.e. in 2013, the petitioner had approached the Education Appellate Tribunal and the Tribunal had dismissed the claim of the petitioner on two grounds; firstly on the ground that there was an inordinate delay in approaching the C/SCA/22546/2017 ORDER DATED: 12/09/2025 Tribunal and secondly on the ground that the petitioner had not been appointed as Sathi Sahayak and, therefore, there was no question of employer – employee relationship to enable him to approach the Tribunal. 3. In my view, even if the second ground is ignored, the order of the Tribunal in rejecting the claim of the petitioner on the ground of inordinate delay of 11 years in approaching the Tribunal cannot be found fault with. 4. If indeed, the recommendation was made in 2002, the petitioner ought to have approached the Education Tribunal within a reasonable period of time. The petitioner had kept quite for 11 years. He cannot, therefore, approach the Tribunal after more than a decade and demand that the recommendation made in his favour be granted. 5. I find no reason to entertain the writ petition. The petition is therefore, DISMISSED. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 12/09/2025 17:11:49