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High Court of Gujarat

DIPAK BHIKHABHAI HARSORAversusSTATE OF GUJARAT

Decided
Disposal
35-ANY OTHER MODE @ ADM.STAGE

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

==========================================================
                        DIPAK BHIKHABHAI HARSORA & ORS.
                                     Versus
                            STATE OF GUJARAT & ORS.
==========================================================
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
==========================================================

 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.



                                    Page 1 of 2
         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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