DEKAVADIYA NIRUPABEN BHAVANJIBHAIversusSTATE OF GUJARAT

     C/SCA/18932/2017                                          JUDGMENT DATED: 04/02/2026




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO.18932 of 2017
                               With
          CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2018
                                In
           R/SPECIAL CIVIL APPLICATION NO.18932 of 2017


FOR APPROVAL AND SIGNATURE :


HONOURABLE MR. JUSTICE NIRZAR S. DESAI                                          Sd/-

=========================================
     Approved for Reporting Yes  No
                                 NO
=========================================
                  DEKAVADIYA NIRUPABEN BHAVANJIBHAI & ORS.
                                   Versus
                          STATE OF GUJARAT & ORS.
=========================================
Appearance :
MR YN RAVANI for the Petitioners.
MS DEVANSHI PATEL, AGP for the Respondent Nos.1 to 4.
MR BHUSHAN B OZA for the Respondent No.5.
=========================================

 CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                Date : 04/02/2026
                                ORAL JUDGMENT


1.               By way of this petition, the petitioner has prayed for the
following reliefs :-


                 “A)     YOUR LORDSHIPS may kindly be pleased to

                 issue   a   writ   of   mandamus         and/or    any    other

                 appropriate writ, order or direction in nature of

                 mandamus      directing     the       State   Government       of

                 Gujarat and respondent Nos.2 to 4 herein to



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     C/SCA/18932/2017                                         JUDGMENT DATED: 04/02/2026




                 recognize the degree of students who have passed

                 their graduation and post graduation from colleges

                 having    aFiliation     with    respondent      No.5     SNDT

                 University for the purpose of various posts which

                 are to be recruited by various agencies of the State

                 of Gujarat.



                 B)     Pending     admission,          hearing   and/or    Gnal

                 disposal of this petition, YOUR LORDSHIPS may be

                 pleased    to   direct     the    State    Government      and
                 respondent Nos.2 to 4 herein to direct their oFicials

                 to recognize the degree of students who have

                 passed their graduation and post graduation courses

                 from colleges having aFiliation with respondent

                 No.5 SNDT University with immediate eFect i.e.

                 during the on-going process of recruitment of

                 teachers and also for the recruitment which may

                 take place in the near future.”


2,               Learned advocate Mr. Y. N. Ravani states that the issue
involved in this petition is squarely covered by decision dated
30.1.2020 of coordinate Bench of this Court in the case of
Divya Dhirajlal Joshi v. State of Gujarat and others, Special
Civil Application No.16736 of 2017, which has further been
conGrmed in Letters Patent Appeal No.915 of 2020 by the
Division Bench of this Court vide order dated 2.12.2020, as
well as the order dated 9.10.2025 passed by the coordinate
Bench of this Court in the case of Kumari Madri Girishbhai
Joshi and another v. Director and others, Special Civil
Application No.6584 of 2017.


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     C/SCA/18932/2017                             JUDGMENT DATED: 04/02/2026




3.               He further submitted that the short question is that the
petitioner Nos.1 to 10 have passed their graduation from I. S. Desai
Mahila Arts College, Becharaji and petitioner Nos.11 to 14 have
passed their graduation from Saraswati Mahila Arts College,
Ranela, Taluka & District Mehsana and both the Colleges were
aFiliated to the respondent No.5 – Shreemati Nathibai Damodar
Thackersey Women’s University. However, in view of the fact that
this Court vide order dated 8.9.2011 passed in Special Civil
Application No.8031 of 2010 held that SNDT Women’s University,
Mumbai has no control over the Colleges situated in Gujarat, vide
Government Resolution dated 1.9.2012, the State Government
resolved that the aFiliation of the College situated in Gujarat who
were aFiliated with SNDT Women’s University would be asked to
discontinue the aFiliation with the said University and they will
have to get the aFiliation of University situated in Gujarat.
However, the present petitioners have studied in colleges aFiliated
with SNDT Women’s University and, therefore, their degrees were
not recognized for the purpose of recruitment by various agencies
of the State of Gujarat and, therefore, the present petition is
preferred.


4.               According to learned advocate Mr. Ravani, the issue is
covered by the decision dated 30.1.2020 of coordinate Bench of
this Court in the case of Divya Dhirajlal Joshi v. State of Gujarat
and others rendered in Special Civil Application No.16736 of 2017
wherein in similar set of facts, the coordinate Bench of this Court
while allowing the petition directed the State Government to
appoint the petitioners pursuant to the selection which was
undertaken by the respondents by taking into consideration the


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     C/SCA/18932/2017                                   JUDGMENT DATED: 04/02/2026




subsequent Government Resolution dated 26.11.2019 issued by the
State Government by holding that the petitioners of that petition
who were almost identical to the present petitioners also would be
beneGciary of the policy decision taken by the State Government
vide Government Resolution dated 26.11.2019.


5.               Learned advocate Mr. Ravani also submitted that the
aforesaid decision dated 30.1.2020 was challenged by the State
Government before the Division Bench of this Court by Gling
Letters Patent Appeal No.915 of 2020 and the Division Bench vide
order dated 2.12.2020 dismissed the appeal preferred by the State
Government.             He further submitted that by the said order, the
persons who are identically situated to the petitioners were held to
be eligible on the basis of their degree from the SNDT University to
be considered to be a valid for the various posts which may be
advertised by the State.


6.               Learned advocate Mr. Ravani also submitted that in
another petition of similar nature i.e. Special Civil Application
No.6584 of 2017 preferred by Kumari Madri Girishbhai Joshi and
another, the coordinate Bench vide order dated 9.10.2025 has also
taken similar view and held that the petitioner No.1 of that petition
be appointed, who had already cleared the qualifying examination
pursuant        to      the   recruitment     process   undertaken         by    the
respondents who also had passed and got the degree from SNDT
University.        According to learned advocate Mr. Ravani, both the
above decisions clearly cover the issue involved in this petition and,
therefore, this petition may also be allowed in terms of prayer
made.




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     C/SCA/18932/2017                                                              JUDGMENT DATED: 04/02/2026




7.                   Ms. Devanshi Patel, learned Assistant Government
Pleader though vehemently opposed the petition, could not point
out that the order passed by the Division Bench of this Court in
Letters Patent Appeal No.915 of 2020 was further carried before
the Hon’ble Supreme Court and also could not point out that there
is any other view taken by any another coordinate Bench other
than the view taken by the two coordinate Benches of this Court.


8.                   In view of the above facts, which could not be disputed
by learned AGP Ms. Devanshi Patel by pointing out any material
which would justify to oppose the petition, the Court is of the view
that the issued involved in this petition is squarely covered by the
decisions relied upon by learned advocate Mr. Ravani. Accordingly,
the present petition is allowed in terms of prayer 13 (A), which is
already reproduced in the foregoing paragraph.                                                    Rule is made
absolute. No order as to costs.


                     Connected civil application also stands disposed of.

                                                                                                                      Sd/-
                                                                                  (NIRZAR S. DESAI,J)



SAVARIYA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 04/02/2026 15:45:28




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