Educational Service Tribunal Will Conduct Proceedings As Per Working Hours, CCTV & VC Facility To Be Set Up In 2 Months: State To Gujarat HC

The State has assured the Gujarat High Court that the State Educational Institutions Service Tribunal shall conduct judicial proceedings strictly as per the daily working hours, and CCTV cameras as well as virtual hearing facility shall be made available within two months. 

The submission was made by the government pleader in a matter, where the parties had earlier raised concerns about the tribunal's functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings. The court had in its previous order directed its Registrar General and education department's Chief Secretary to report on the functioning of the tribunal. 

On March 25 a division bench of Justice A.S. Supehia and Justice Nisha Thakore in its order noted that a report dated March 19 is prepared by the President, Gujarat Educational Institutions Services Tribunals and Additional Secretary, Education Department has issued the communication dated March 24 relating to installation of CCTV and virtual hearing

As per the additional secretary's report the daily working hours of the Tribunal in the morning sitting is at 11:00 a.m. to 1:45 p.m., lunch break is from 1:45 p.m. to 2:30 p.m. and the afternoon sitting commenced from 2:30 p.m. to 5:00 p.m.

The court thereafter noted, "Mr. G. H. Virk, learned Government Pleader has assured that the Tribunal will be conducting the judicial proceedings strictly as per the time given above. He has also submitted that the members of the Tribunal proposes to interact with the members of the Bar for the smooth functioning of the Tribunal. So far as installation of CCTV cameras and the facility of virtual hearing is concerned, the Report dated 24th March, 2025 mentions that such facility will be available within 2 months"

The court further clarified that no adverse inference shall be drawn in favour of any of the advocates, who are named in the said report and the Tribunal shall not be influenced with the statements, which are recorded in the said report.

For context, the bench was hearing an appeal 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 had earlier submitted before the bench 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 had earlier 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. After these submissions the bench had called for a report on the tribunal's functioning.

Taking note of Supreme Court's decision in High Court Bar Association, Allahabad Vs. State of U.P. & Ors, the bench in its March 25 altered the directions issued by the Single Judge in the matter which had directed the tribunal to decide the parties applications by July 31. 

The bench said, "instead the said directions shall be read that the “Tribunal shall hear the parties and decide all these applications as expeditiously as possible.” We also direct that the parties to these applications shall fully co-operate with the Tribunal for its expeditious disposal... The Tribunal, after hearing the respective parties, shall pass the appropriate orderdeciding the applications, without influenced by the order passed by the learned Single Judge". 

The court thus disposed of the plea. 

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

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