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2025 DAILYLAW 7924 (GUJ)

CHHAGANKUMAR KADVABHAI GONDALIYA v. STATE OF GUJARAT

SCA/2143/2017 · 2025-07-10

N S Sanjay Gowda

body2025

Judgment text

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C/SCA/2143/2017 ORDER DATED: 10/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 2143 of 2017 ========================================================== CHHAGANKUMAR KADVABHAI GONDALIYA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 MR AKASH CHHAYA, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 1,2,3,4 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 10/07/2025 ORAL ORDER 1. The prayer made in this writ petition is to hold and declare the action on the part of the respondents in not appointing the petitioner to the post of Teacher in Government school in Junagadh district as illegal and unjustified and the consequential prayer is to direct the respondents to offer the appointment to the petitioner in Junagadh district in Higher Secondary School in Statistics subject with effect from February 2016. 2. It is the case of the petitioner that he was selected but formal order of appointment was not granted to him and as a consequence, he was constrained to file this writ petition. 3. Learned Assistant Government Pleader places on record a copy of the order passed in Special Civil Application No.2329 of 2017 along with Special Civil Application No.2559 of 2017, which were disposed of on 17.2.2020. This order indicates that C/SCA/2143/2017 ORDER DATED: 10/07/2025 though the Special Civil Applications were disposed of on the basis of the decision rendered in Special Civil Application No.21005 of 2018, but the Court had allowed the writ petitions and directed the petitioners therein to be appointed to the posts of Sikshan Sahayak in the subject of Statistics (Gujarati Medium) in the schools to which they have been allotted by the DEO. 4. Learned Assistant Government Pleader submits that this decision was also confirmed by the Division Bench in Letters Patent Appeal No.751 of 2020 and Letters Patent Appeal No.820 of 2020. He also submits that that the issues raised in this writ petition are covered by the decision rendered in the afore- mentioned Special Civil Applications. 5. In the light of the aforesaid submissions, this writ petition is ALLOWED in terms of the order dated 17.2.2020 passed in Special Civil Application Nos.2329 of 2017 and 2559 of 2017. Rule is made absolute accordingly. 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 10/07/2025 17:11:06