HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITYversusSTATE OF GUJARAT

     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

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     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.



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      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


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      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




     Original copy of this order has been signed by the Hon'ble Judge.
     Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 23/01/2026 18:01:24




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