BHAVESHKUMAR GUNVANTLAL JAISWAL v. COMMISSIONER OF HIGHER EDUCATION, STATE OF GUJARAT
SCA/15297/2017 · 2025-07-28
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5164 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5164 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
C/SCA/15297/2017 ORDER DATED: 28/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15297 of 2017 With R/SPECIAL CIVIL APPLICATION NO. 15592 of 2017 ========================================================== BHAVESHKUMAR GUNVANTLAL JAISWAL Versus COMMISSIONER OF HIGHER EDUCATION, STATE OF GUJARAT & ORS. ========================================================== Appearance: MR TEJAS P SATTA(3149) for the Petitioner(s) No. 1 MR AKASH CHHAYA, AGP for the Respondent-State VIKAS V NAIR(7444) for the Respondent(s) No. 4 ==========================================================
CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
Date : 28/07/2025
ORAL ORDER
1. The petitions challenge the order passed by the Gujarat Educational Institution Service Tribunal whereby the Tribunal has rejected the applications of the petitioners on the ground that it did not possess the jurisdiction, but has reserved liberty to the petitioners to approach appropriate Forum.
2. The impugned order was passed at the time when the University in question, i.e. Shri Govind Guru University, was not included in the Schedule to the Act and, therefore, the Education Services Tribunal did not possess the jurisdiction. It is stated that the said University is now brought within the Schedule and as a consequence, it is the Gujarat Educational Institution Service Tribunal which would possess the jurisdiction to determine the questions to be raised by the petitioners.
C/SCA/15297/2017 ORDER DATED: 28/07/2025
3. As a consequence, the impugned orders are set aside and the matters are remanded back to the Gujarat Educational Institution Service Tribunal with a direction to consider the claims of the petitioners and pass appropriate orders. If the concerned University is to be impleaded, the Tribunal shall permit the petitioners to implead the concerned University for the complete adjudication of the dispute. The petitions are
DISPOSED OF accordingly. Rule is made absolute to the aforesaid extent. 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 29/07/2025 11:06:27