The court highlighted the importance of formal decision-making and accountability in governmental processes regarding appeals.

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

1. The present application has been filed seeking condonation of a substantial delay of 430 days in preferring the intra-court appeal.

2. The explanation offered by the State Government for such delay is notably detailed and is recorded hereinbelow : -

A. The judgment of the learned Single Judge allowing the writ petition was delivered on 31.01.2024. Thereafter, an opinion was sought from the Commissionerate of Technical Education, Gujarat State regarding the possibility of filing an intra-court appeal.

B. The Education Department, Government of Gujarat, vide communication dated 07.03.2024, turned down the proposal for filing an appeal. This opinion was then forwarded to the Legal Department for concurrence on

30.03.2024.

C. On 30.04.2024, the Legal Department rejected the proposal to prefer an intra-court appeal.

D. Despite the above, the Education Department placed the file before the Chief Minister’s OfÏce on 07.06.2024 for further approval.

E. On 13.06.2024, the file was returned from the Chief Minister’s OfÏce to the Education Department.

F. The file was thereafter moved to the Legal Department on 20.06.2024, and again on 28.06.2024.

G. The Legal Department eventually returned the file to the Education Department after granting the necessary approval.

H. Subsequently, the Education Department, vide communication dated 29.06.2024, informed the Commissioner of Technical Education, Gujarat State, to take appropriate steps to file the intra-court appeal.

I. On 02.07.2024, the Commissionerate, Technical Education forwarded the necessary papers to the Government Law OfÏcers, High Court of Gujarat, which were inwarded on 03.07.2024, and the appeal was drafted in August 2024.

J. Thereafter, on 25.11.2024, the Director of Technical Education sought approval from the Education Department as per the revised State Litigation Policy, i.e., after a lapse of nearly two months.

K. On 16.12.2024, the Education Department forwarded the file to the State Litigation Committee.

L. The Committee accorded its sanction on 27.12.2024, following which the file was forwarded to the Legal Department on 10.01.2025 for necessary approval in light of the Committee’s decision.

M. The Legal Department granted its assent on 10.02.2025, and the Education Department issued its final sanction on 12.02.2025.

N. On 19.03.2025, the relevant papers were again submitted to the Government Law OfÏcer, High Court of Gujarat, and it appears that the appeal was re-drafted.

3. The chronology of events set out above reflects a casual and lackadaisical approach adopted by the Government Departments in handling the litigation. The application is conspicuously silent on whether any formal decision for reversing the earlier rejection of the proposal to file the intra- court appeal was taken or not. After a prolonged exchange of files and inter-departmental correspondences, it appears that without any recorded basis or reconsideration, the authorities suddenly decided to proceed with the appeal.

4. In view of the above, we direct the appellant–State to produce communication(s) or document(s) that specifically reverse(s) or override(s) the earlier decision of not filing the intra-court appeal. The same shall be filed before the next date of hearing, failing which this Court shall be constrained to take a serious view in the matter.