Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings.

A division bench of Justice A.S. Supehia and Justice Nisha Thakore observed, “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 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. It will be open for the respective Officers (Secretary and Registrar) to record statements of stakeholders. Such reports shall be placed by the next date of hearing.”

The appeal was moved against the order of the Single Judge that fixed July 31 as a deadline for the Tribunal to decide all the applications.

The Counsel for the appellants submitted that the Single Judge has fixed the date to decide the application regarding a similar issue on April 30 and hence, the date of July 31 be altered to April 30. 

The bench noted the submissions of the counsel for the parties that the Bench of the Tribunal is not functioning in regular timings and in fact the matters are conducted for the limited hours ranging from 1 hour to 1.5 hours. It was submitted that the concerned Presiding Officer/s preside only after 12:00 O'clock, and within a span of 1 to 1.5 hours, the proceedings are over.

It was further reported by the Counsels that there are no CCTV cameras installed in the Tribunal, that there is a lack of facility for virtual hearing due to which the District Education Officers from various districts have to travel a long distance leading to prolonged proceedings. The Counsels then pointed out that though in the present matter is a very short issue is involved, however it has been dragged for more than 1. 5 years.

The Court then directed the registry to intimate the Secretary Education Department, and Legal Department for information and onward compliance. The matter is now listed on March 25.

Case Title: Sardar Vallabhbhai Patel Institute of Technology & Anr. vs Kirti H Niralgikar & Anr.

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