High Court of Gujarat
SEVENTH DAY ADVENTIST HIGHER SECONDARY SCHOOLversusSTATE OF GUJARAT
- Decided
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The Court held that the petition and the connected interim relief application stand disposed of, with no further orders required.
Summary
The petitioners, Seventh Day Adventist Higher Secondary School & Ors., filed a Special Civil Application seeking interim relief against the State of Gujarat. The Division Bench of the High Court, in Letters Patent Appeal No. 296 of 2026 and Civil Application No. 1 of 2026, disposed of both the writ petition and the appeal, expressly stating that it had not examined the merits and that all rights and contentions remained open for future approach. The Division Bench further clarified that the interim relief application would not survive the disposal of the writ petition and appeal. Relying on those observations, Justice Nirzar S. Desai held that no further orders were necessary and that the present petition and the connected interim relief application stand disposed of. No costs were awarded, and the notice was discharged.
Issues considered
- Whether the interim relief application survives after the disposal of the writ petition and the Letters Patent Appeal.
- Whether any further orders are required in view of the Division Bench's observations that the merits were not examined.
Subjects
- interim relief
- writ petition
- letters patent appeal
- civil application
- disposal
- High Court of Gujarat
Judgment
C/SCA/836/2026 ORDER DATED: 07/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO.836 of 2026
With
CIVIL APPLICATION (FOR JOINING PARTY) NO.4 of 2026
In
R/SPECIAL CIVIL APPLICATION NO.836 of 2026
==========================================================
SEVENTH DAY ADVENTIST HIGHER SECONDARY SCHOOL & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance :
MR HARSH N PAREKH for the Petitioners.
MR GURSHARANSINGH H. VIRK, GOVERNMENT PLEADER ASSISTED
BY MS DHARITRI PANCHOLI, AGP for the Respondents.
=========================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/05/2026
ORAL ORDER
At the outset, learned Government Pleader Mr. G. H.
Virk drew attention of this Court to the order dated 28.4.2026
passed by the Division Bench of this Court in Letters Patent Appeal
No.296 of 2026 with Civil Application No.1 of 2026, wherein in
paragraphs 4 and 5, the Division Bench has observed as under :-
“4. In view of the above statement, the present
appeal as well as the writ petition namely, Special
Civil Application No.836 of 2026, out of which the
present appeal has arisen, stands disposed of with
the liberty to the respondents to do the needful.
However, it is kept open for the petitioners to
approach this Court again, in case of any
grievances left with them on the issue, subject
matter of the present petition. It is further clarified
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C/SCA/836/2026 ORDER DATED: 07/05/2026
that we have not entered into the merits of the
claims of the parties and all rights and contentions
of the parties are left open.
5. Both the writ petition as well as the Letters
Patent Appeal stands disposed of, accordingly.
Consequently, the Civil Application for
Interim Relief would not survive and the same
stands disposed of accordingly.”
2. In view of the above observations made by the Division
Bench, no further orders are required to be passed. Hence, the
present petition as well as connected application stand disposed of.
Notice discharged. No order as to costs.
(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 07/05/2026 15:08:15
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