Gujarat High Court : “Serious Issue Relating to Tribunal’s Functioning”; Directs Reports on “Limited Court Hours” and “Lack of Virtual Hearing Facilities”
Isabella Mariam
The High Court of Gujarat has directed the Chief Secretary, Education Department, Gandhinagar, and the Registrar General of the High Court of Gujarat to file reports addressing concerns regarding the irregular functioning of the Gujarat Educational Service Tribunal. The Division Bench comprising Justice A.S. Supehia and Justice Nisha M. Thakore stated that the advocates appearing before the Tribunal have “raised serious issue relating to the functioning of the Tribunal” and called for comprehensive information on the working hours and facilities available at the Tribunal.
The Court issued directions following submissions that the Tribunal operates only for limited hours each day and lacks basic infrastructure, including CCTV surveillance and virtual hearing facilities, thereby causing delays in the adjudication of matters pending before it.
The group of appeals arose from an order passed by the learned Single Judge on 28 January 2025, fixing 31 July 2025 as the date for deciding several pending applications before the Gujarat Educational Service Tribunal. The appellants challenged this date, requesting an earlier resolution of the applications.
The appellants, represented by Advocate Mr. P.A. Jadeja, submitted that in a similar matter, the same learned Single Judge had earlier fixed 30 April 2025 as the date for disposal in Special Civil Application No. 965 of 2025 by order dated 17 February 2025. It was argued that since the issues involved were similar, there was no reason for the Tribunal to delay the present matters until 31 July 2025.
During the hearing, both Advocate Mr. Jadeja for the appellants and Advocate Mr. S.H. Munjyasara for respondent no. 1 jointly submitted that the Tribunal's operations were irregular. It was submitted that the Presiding Officers preside only after noon, and the proceedings conclude within one to one-and-a-half hours. The counsels further reported that the Tribunal does not have installed CCTV cameras, nor is there a virtual hearing mechanism in place.
It was further argued that District Education Officers from distant districts are compelled to travel long distances for proceedings that are subsequently postponed or adjourned due to the Tribunal's limited working hours. The advocates also submitted that despite the matters involving “very short issue” that could be concluded in a few hearings, the cases have been pending for more than one-and-a-half years.
Advocate Mr. Munjyasara sought additional time to obtain instructions on the matter, while reiterating the concerns raised regarding the Tribunal’s functioning.
Justice A.S. Supehia, speaking for the Bench, recorded that “since the learned advocates appearing for the respective parties have raised serious issue relating to the functioning of the Tribunal, we direct the Chief Secretary, Education Department, Gandhinagar to produce a report before this Court pointing-out the functioning of the Presiding Officer/s of the Tribunal.”
The Court also directed the Registrar General, High Court of Gujarat, to collect information from the Registrar of the Tribunal and place a report before the Court. The Bench stated that “it will be open for the respective Officers (Secretary and Registrar) to record statements of stakeholders,” and directed that both reports be filed before the next date of hearing.
The Court took cognizance of the alleged procedural delays and the complaints about the Tribunal’s limited operational hours, lack of virtual hearing facilities, and absence of surveillance infrastructure, as submitted by both parties. The Bench refrained from deciding the issue of altering the date for disposal of applications fixed by the learned Single Judge until the reports were submitted.
The Court passed the following directions:
“The Chief Secretary, Education Department, Gandhinagar, is directed to produce a report before this Court pointing-out the functioning of the Presiding Officer/s of the Tribunal.”
Additionally, it was directed that “The Registrar General, High Court of Gujarat, is also directed to call for the information with regard to the functioning of the Presiding Officer/s of the Tribunal from the Registrar of the Tribunal, and place the report before this Court.”
The Court permitted both officers to “record statements of stakeholders” to aid in the preparation of their respective reports.
The Registry was instructed to intimate the order to the Secretary, Education Department, and Legal Department for necessary action and onward compliance. The matter has been posted for further hearing on 25 March 2025.
Advocates Representing the Parties
For the Appellants: Mr. P.A. Jadeja, Advocate
For Respondent No. 1: Mr. Sandip H. Munjyasara, Advocate
For Respondent No. 2: Mr. Harshesh R. Kakkad, Advocate
Case Title: Sardar Vallabhbhai Patel Institute of Technology & Anr. v. Kirti H. Niralgikar & Anr.
Case Number: LPA No. 347 of 2025 in SCA No. 394 of 2025 (with connected matters)
Bench: Justice A.S. Supehia and Justice Nisha M. Thakore
[Read/Download order]
