Reserved On : 09/02/2026 Pronounced On : 16/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 960 of 2014 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT Sd/-

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Approved for Reporting Yes No ✓

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HIRABHAI M MAKWANA Versus STATE OF GUJARAT & ORS.

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Appearance:

MR DIPAK R DAVE(1232) for the Petitioner(s) No. 1 MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 HCLS COMMITTEE(4998) for the Respondent(s) No. 3 MS BHAVIKA H KOTECHA(2942) for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 2 ==================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

CAV JUDGMENT

1. Heard Mr. Dipak R. Dave, learned advocate for the petitioner as also Mr. Siddharth Rami, learned AGP for respondent Nos. 1 & 2 and Ms. Bhavika Kotecha, learned advocate for respondent No.3, at length.

2. The present writ petition is filed by the petitioner, under Articles 14, 21 and 226 of the Constitution of India, seeking the following reliefs:-

“7. (A) This Hon’ble Court may be pleased to issue a writ of mandamus and / or a writ in the nature of mandamus and/or a writ in the nature of certiorari and/or a writ in the nature of certiorari or nay other appropriate writ, order or directions (i) to quash and set aside the order dated 10.12.2013 passed by respondent No.2- District Education Officer and further be pleased to direct respondent No.2 to immediately grant protection of surplus to the petitioner from the date respondent No.3 – school came to be closed down, i.e. from June, 1995, and to grant service benefits including salary and allowance considering the petitioner as continued in service as surplus teacher;

(ii) To treat the petitioner as surplus teacher and In-charge Headmaster and be pleased to issue direction to count service of the petitioner from June, 1987 until his age of superannuation as continuous and on the basis of said service, be pleased to direct respondent no.2-DEO to fix pension of the petitioner;

(III) Be pleased to direct respondent No.3 to pay all salary and consequential benefits to the petitioner as per the order passed by this hon’ble court on 19.10.2000 in Special Civil Application no.3285 of 1991.

(B) Pending the admission, hearing and final disposal of the present petition, this Hon’ble Court may be pleased to direct respondent No.2 – DEO to immediately pass order granting benefits of surplus teacher to the petitioner on the basis of order dated 19.10.2000 passed by this Hon’ble Court and further be pleased to direct respondent No.2 to fix pension of the petitioner on the said basis;

(C) Any other and further relief or reliefs to which this Hon’ble Court deemed fit, in the interest of justice; may kindly be granted;”

SHORT FACTS

3. The petitioner was appointed as a teacher by respondent No.3 and given the charge of Headmaster of its Secondary School in the year of June, 1987. The petitioner was terminated from service in June, 1990. Therefore, the petitioner approached the Gujarat Secondary Education Tribunal, Ahmedabad (hereinafter referred to as ‘the Tribunal’) by filing Application No.365 of 1990.

3.1 After hearing the parties, the Tribunal dismissed the said application on the ground that the appointment of the petitioner was not in consonance with Section 35 of the Gujarat Secondary Education Act, 1972 (hereinafter referred to as ‘the Act, 1972’). Thereafter, the petitioner approached this Court by way of Special Civil Application No.3285 of 1991, whereby he challenged the order of his termination as well as the judgment of the Tribunal. The coordinate Bench of this Court, vide its judgment and order dated 19.10.2000, partly allowed the said petition and set aside the order of termination by declaring that it was passed by respondent No.3 in violation of the principles of natura