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2025 DAILYLAW 7269 (GUJ)

MADRESA-E-NOORANIYAH EDU. AND CHARITABLE TRUST v. STATE OF GUJARAT

SCA/12872/2017 · 2025-12-03

Nirzar S Desai

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Judgment text

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C/SCA/11828/2017 ORDER DATED: 03/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.11828 of 2017 With R/SPECIAL CIVIL APPLICATION NO.12872 of 2017 ========================================================== MAULANA AZAD KELAVANI MANDAL Versus STATE OF GUJARAT & ORS. ========================================================== Appearance : MR RV DESHMUKH for the Petitioner. MS KINJAL VYAS, AGP for the Respondent Nos.1,2,3 MR MEET A SHAH FOR MR AD OZA for the Respondent No.4. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 03/12/2025 COMMON ORAL ORDER Learned AGP Ms. Kinjal Vyas places on record a communication dated 9.10.2017 issued by Section O,icer, Education Department to the Commissioner of Schools related to 0lling up the vacancies of Librarian in the Private Granted Higher Secondary School. The communication indicates that those vacancies are not 0lled up for more than three years and, therefore, in all 426 posts of Librarian are cancelled and necessary proposal to 0ll up those posts were directed to be sent. The said communication is taken on record. She further submits that in view of the prayers prayed for in these petitions, in view of the above communication, these petitions will not survive as the same have become infructuous as of now. 2. Learned advocate Mr. Deshmukh states that though a,idavit-in-reply is 0led, the aforesaid fact has not been brought on record by the State Government. However, learned advocate Mr. Deshmukh could not dispute the aforesaid fact and submitted that C/SCA/11828/2017 ORDER DATED: 03/12/2025 if this Court disposes of the petitions, liberty may be reserved in favour of the petitioners to 0le fresh petition in case if the aforesaid instructions either are found to be incorrect or subsequently there is change in the policy of the Government. 3. In view of the above, the petitions stand disposed of as having become infructuous with the above liberty. Rule discharged. No order as to costs. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/12/2025 16:47:19