High Court of Gujarat
DIPAK BHIKHABHAI HARSORAversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The court disposed the petition, holding that the remaining petitioners cannot be granted permission for higher studies in the current term but may seek relief for the next academic year.
Summary
The petitioners, a group of 37 individuals, sought permission to go for higher studies on deputation. The court noted that 26 petitioners had already been allowed to proceed, leaving 11 whose grievances remained. Since the current academic term had already begun, the court held that it could not order their placement for the ongoing term. However, the court directed that if these 11 petitioners secure admission for the upcoming academic year, they may approach the court again for permission, referencing a prior government order dated 21‑12‑2023. Consequently, the petition was disposed without costs, as the majority of the petitioners' grievances had been addressed.
Issues considered
- Whether the remaining eleven petitioners are entitled to permission for higher studies in the current academic term
- Whether the court can order deputation for the petitioners when the academic term has already commenced
Subjects
- higher studies
- deputation
- academic term
- petition
- grievance redressal
- court order
Judgment
C/SCA/12110/2025 ORDER DATED: 30/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12110 of 2025
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DIPAK BHIKHABHAI HARSORA & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR SP MAJMUDAR(3456) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,4,5,6,7,8,9
ULLASH N GOHIL(8357) for the Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,4,5,6,7,8,9
MR HENIL SHAH, GOVERNMENT PLEADER for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 30/01/2026
ORAL ORDER
1. Heard, learned Advocate, Mr. Majmudar, appearing for
the petitioners and learned AGP, Mr. Shah, for the
Respondent-State.
2. Considering the fact that the grievance of most of the
petitioners is redressed, i.e. out of total 37 petitioners, 26
petitioners have already been sent / permitted to go for
higher studies, while treating them to be on deputation,
now, the grievance qua only 11 petitioners, i.e. Petitioner
Nos. 1, 3, 12, 16, 17,, 18, 19, 20, 22, 25, and 5 remains.
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C/SCA/12110/2025 ORDER DATED: 30/01/2026
Further, considering the fact that, by now, the current
Academic Term has already commenced, the question of
sending / permitting the remaining 11 petitioners for higher
studies in the current Academic Term does not arise.
However, in case, if, the remaining 11 petitioners secure
admission in the up-coming academic year and if, at that
point of time, those 11 petitioners are not granted
permission to go for higher studies by treating them as on
deputation, as per GR dated 21.12.2023, which is produced
at Page-132 to this petition, those petitioners may, once
again, approach this Court.
3. With the above observations and the liberty, this
petition is disposed of, as grievance of majority of the
petitioners has already been redressed. No order as to costs.
(NIRZAR S. DESAI,J)
UMESH/-
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 30/01/2026 16:31:48
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