High Court of Gujarat
DEV RAJESHBHAI DODIYA THROUGH NATURAL GUARDIAN/ FATHER RAJESHBHAI LALJIBHAI DODIYAversusUNION OF INDIA
- Decided
- Disposal
- 46-ANY OTHER MODE @ FH
- Bench
- NIRZAR S DESAI
Holding
The petitions are deemed infructuous by the aflux of time, but the court reserves liberty for the petitioners to file a revival application if the cause survives.
Summary
The petitioners, a minor and his father, filed several special civil applications in 2020 seeking admission to Standard VI in the OBC category. The applications remained pending for six years without any relief. Respondent No. 2 argued that the petitioners should have already passed Standard VI, rendering the petitions infructuous. Petitioners contended that they could not ascertain their current status and requested that the court retain the liberty to revive the petitions if necessary. The court noted the likelihood that the petitions had become infructuous due to the passage of time but, since the respondent did not oppose a revival, the court disposed of the petitions as infructuous while reserving liberty to file a simple application for revival. The order thus dismisses the pending applications but allows the petitioners to seek revival if the cause still exists.
Issues considered
- Whether the pending petitions seeking admission to Standard VI have become infructuous due to the lapse of time.
- Whether the court should retain liberty for the petitioners to revive the petitions despite their alleged infructuity.
Subjects
- Standard VI admission
- OBC category
- Infructuous petition
- Revival of petition
- Time lapse
- Special Civil Application
Judgment
C/SCA/10962/2020 ORDER DATED: 10/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10962 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 8516 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 8527 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 8544 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 8565 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 8690 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 9671 of 2020
With
R/SPECIAL CIVIL APPLICATION NO. 10205 of 2020
==========================================================
CHAUDHRI MAN JAYESHKUMAR MINOR THROUGH HIS NATURAL
GUARDIAN/FATHER PATEL JAYESHKUMAR PARAGBHAI & ANR.
Versus
UNION OF INDIA & ANR.
==========================================================
Appearance:
MR HARSHIT S TOLIA(2708) for the Petitioner(s) No. 1,2
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 2
RULE NOT RECD BACK for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 10/03/2026
ORAL ORDER
1. Learned advocate Mr. Harsheel Shukla for respondent No.
2 states that in this petition, the petitioners were seeking
admission in STD VI as per State list in OBC category however
no relief was granted in the interagnum period and the matter
has remained pending throughout for 6 years since these
Page 1 of 2
C/SCA/10962/2020 ORDER DATED: 10/03/2026
petitions are of the year 2020. According to learned advocate
Mr. Harsheel Shukla for respondent No. 2 all the petitioners
must have passed the STD VI since the petitioners were
seeking admission in STD VI at the relevant point of time in
the year 2020 and hence the petitions have become
infructuous.
2. Learned advocate Mr. Parth Tolia and learned advocate
Mr. Vijay Nagesh for the petitioners have stated that despite
their best efforts they could not avail the latest status of the
petitioners and therefore, if this Court is disposing of the
petitions on the basis of submissions made by learned advocate
Mr. Shukla for respondent No. 2, in that case liberty may be
reserved in favour of petitioners to revive the petition.
3. Considering the fact that there is a probability that the
petitioners are seeking admission in STD VI and by now the
petitions would have become infructuous the request to revive
the petitions in case of difficulty was not opposed by learned
advocate Mr. Shukla for respondent No. 2. Accordingly, all the
petitions are disposed of as having become infructuous by aflux
of time however, liberty is reserved in favour of the petitioners
to prefer a simple application for revival of the petitions if the
cause survives.
(NIRZAR S. DESAI,J)
SHRIJIT PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 10/03/2026 18:17:13
Page 2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.