PATEL CHETANKUMAR BHIKHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocates Mr.Jay Shah and Mr.Anuj Dave for the petitioners in respective petitions, learned AGP Mr.Utkarsh Sharma for the respondent State and learned Advocate Mr.H.S. Munshaw for respondent No.3.

(2.) Learned Advocate Mr.Munshaw would submit that in compliance of the order dtd. 30th September 2021, District Primary Education Officer, Kheda Mr.K. A. Patel is present before this Court. Learned Advocate Mr.Munshaw and learned AGP Mr.Sharma have jointly requested that while the SLPs had been preferred in the month of December 2020, and in spite of the best efforts on part of the concerned Advocates, the matter could not be listed for hearing before the Hon'ble Apex Court. Learned AGP Mr.Sharma and learned Advocate Mr.Munshaw would also submit that in the interregnum since the learned Advocate, who had filed the SLPs has been elevated to the Bench of this Court, and therefore also, some time may be required to make appropriate amends, which may be granted by this Court in their favour.

(3.) As against the same, learned Advocate for the petitioners would strongly object to such request by submitting that though the SLP had been filed in December 2020 no attempts had been made to have the matter listed and the respondents are trying to draw undue benefits by submitting that the SLP is pending before the Hon'ble Apex Court. Learned Advocate would further submit that the issue in question is being litigated from 2014 onward and whereas Coordinate Bench of this Court had passed the first decision in favour of the petitioners on 13.12.2018 and whereas such decision had been confirmed by the Hon'ble Apex Court vide judgement dtd. 17.6.2019. Learned Advocate would submit that even after more than two years, the original petitioners i.e. the petitioners herein are yet to receive the benefits arising from the said judgements, and therefore, it is submitted that no indulgence may be shown by this Court, and appropriate direction for implementing the decision of this Court in the earlier round of litigation may be passed by this Court.