C/SCA/14721/2025 ORDER DATED: 23/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 14721 of 2025 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2025 In R/SPECIAL CIVIL APPLICATION NO. 14721 of 2025 With R/SPECIAL CIVIL APPLICATION NO. 17730 of 2025 ========================================================== KOKILABEN A PARMAR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: VIKAS V NAIR(7444) for the Petitioner(s) No. 1 MS FORAM TRIVEDI AGP for the respondent(s) no. 1,2 In R/Special Civil Application No. 14721 Of 2025 With Civil Application (For Stay) No. 1 Of 2025 In R/Special Civil Application No. 14721 Of 2025 Mr Henil Shah AGP For The Respondent(S) No. 1,2 In R/Special Civil Application No. 17730 Of 2025 MR HRIDAY BUCH(2372) for the Respondent(s) No. 4 MR MEET A SHAH(9933) for the Respondent(s) No. 3 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 23/01/2026 COMMON ORAL ORDER 1. Issue Notice in SCA No.17730 of 2025, returnable forthwith. Learned AGP waives service of notice for Respondent Nos.1 and 2 and learned advocate Mr. Hriday Buch waives service of notice for Respondent No.3. 2. At the outset, learned advocate Mr. Meet Shah states that the respondent – Hemchandracharya North Gujarat University p. 2 C/SCA/14721/2025 ORDER DATED: 23/01/2026 – in the petition filed by Mr. Vikas Nair, who is the petitioner in SCA No. 17730 of 2025, has reconsidered the entire controversy and is ready and willing to appoint a person from the same branch and same subject as the In-charge Head of Department in the subject of English. However, such an order could not be passed on account of the interim relief operating in SCA No. 14721 of 2025. Therefore, due to this technical difficulty, as in case if the respondent University passes such order, it would amount to overreaching the process of law, as the stay is operating against the University. Hence, the University could not pass the aforesaid order. Learned advocate Mr. Meet Shah in fact has produced a draft order to that effect as well. 3. Learned advocate Mr. Vikas Nair, under instructions, states that what was under challenge by the petitioner of SCA No. 14721 of 2025 was the order passed by the Tribunal, and therefore, under instructions, considering the developments which have taken place today, the petitioner of SCA No. 14721 of 2025 has instructed him to withdraw the petition. Under instructions, he seeks permission to withdraw SCA No. 14721 of 2025. Permission as prayed for is granted. SCA No. 14721 of 2025 stands disposed of as withdrawn. Notice is discharged. Page 2 of 4 C/SCA/14721/2025 ORDER DATED: 23/01/2026 Any ad-interim relief granted earlier stands vacated. 4. Now, since the relief granted in SCA No. 14721 of 2025 is vacated, as the petition is withdrawn, the University is free to proceed with the draft order produced before the Court, whereby the University has shown its intention to appoint the Head of Department in the same branch and subject. In view of the withdrawal of the petition preferred by Mr. Nair, learned advocate Mr. Meet Shah also seeks permission to withdraw SCA No. 17730 of 2025. Permission as prayed for is granted. 5. Since both the petitions preferred by the University as well as the private respondents are permitted to be withdrawn, the cause of action in respect of the Original Application pending before the Tribunal also does not survive. 6. Considering the fact that now the grievance regarding the appointment of Principal Ms. Parmar, who is the petitioner of SCA No. 14721 of 2025, does not survive, the Original Application No. 86 of 2025 pending before the Education Tribunal also would not survive. Therefore, the parties may p. 4 C/SCA/14721/2025 ORDER DATED: 23/01/2026 approach the Tribunal with the necessary pursis. However, it is clarified that if respondent No. 3, Ms. Patel, is aggrieved by any further appointment sought to be made by the University, as stated by Mr. Shah, it shall be open for respondent No. 3, Ms. Patel, to challenge the same before the appropriate authority in accordance with law. It is clarified that this Court has not examined the merits of the matter. Accordingly, both the petitions are disposed of as withdrawn. 7. In view of the above order, the Civil Application (For Stay) No.1 of 2025 does not survive and is accordingly disposed of. (NIRZAR S. DESAI,J) BHAVIN MEHTA