Gujarat High Court
Sidsar Group Agricultural Service ... vs State Of Gujarat on 22 April, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/3229/2025 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3229 of 2025
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SIDSAR GROUP AGRICULTURAL SERVICE COOPERATIVE
SOCIETY LTD.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR TULSHI R SAVANI(3070) for the Petitioner(s) No. 1
MR. AAKASH GUPTA, AGP for the Respondent(s) No. 1,2,3
MR. B.B. NAIK, Senior Counsel assisted by MR UMANG R
VYAS(5595) for the Respondent(s) No. 4, 5
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 22/04/2025
ORAL ORDER
1. Heard Mr. Tulshi R. Savani, learned advocate appearing for the petitioner, Mr. Aakash Gupta, learned Assistant Government Pleader appearing for the respondent Nos. 1 to 3 - State and Mr. B.B. Naik, learned Senior Counsel assisted by Mr. Umang R. Vyas, learned advocate appearing for the respondent nos. 4 and 5, on caveat.
2. By way of the present petition, petitioner herein has prayed for the following reliefs:
"15. Therefore, the petitioner prays to your Lordships that:Page 1 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Sat May 10 06:36:45 IST 2025
NEUTRAL CITATION C/SCA/3229/2025 ORDER DATED: 22/04/2025 undefined (A) Be pleased to allow present petition.
(B) Be pleased to issue a writ of mandamus or any other appropriate writ, order or direction by quashing and setting aside the recruitment process commencing by advertisement dated 23.01.2025 Ann 'B' published by respondent nos. 4 and 6 by inviting applications for appointment of 80 clerks as the said advertisement is against the rules of recruitment framed in view of the judgment dated 30.10.2017 Ann 'C' passed by this Hon'ble Court in SCA Nos. 6430 of 1997 and 9575 of 2006 and also against the provisions of the Gujarat Co - operative Societies Act, 1961 (C) Be pleased to pass appropriate order or direction by directing respondent nos. 1 to 3 by taking appropriate actions in view of representation dated 03.02.2025 annexed at Annexure - A against illegal recruitment process and against the people who are involved in the illegal recruitment.
(D) Pending admission, hearing and final disposal of present petition, this Hon'ble Court may be pleased to stay the recruitment process initiated in view of advertisement dated 23.01.2025 along with further proceedings in respect to advertisement dated 23.01.2025 which is annexed at Annexure - B to this petition.
(E) Such other and further relief or relieves as may be deemed just and expedient in view of the facts and circumstances of the case may kindly be granted."
3. The petitioner herein is a member society of the respondent no.4 and is aggrieved by the recruitment process undertaken by the respondent no.4. Mr. Savani, learned advocate appearing for the petitioner relies on the representation made to the respondent nos. 2 and 3 and submits that the grievance raised in the said representation before the competent authority is not redressed. It is submitted that the impugned advertisement issued by the respondent nos.4 and 6 dated 23.01.2025, duly Page 2 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Sat May 10 06:36:45 IST 2025 NEUTRAL CITATION C/SCA/3229/2025 ORDER DATED: 22/04/2025 undefined produced at Annexure-B, by inviting applications for appointment of 80 Clerks, is contrary to the Recruitment Rules framed in view of the judgment dated 30.10.2017 passed by the High Court in SCA Nos. 6430 of 1997 and 9575 of 2006, duly produced at Annexure-C and against the provisions of the Gujarat Cooperative Societies Act, 1961.
4. Mr. B.B. Naik, learned Senior Counsel assisted by Mr. Umang R. Vyas, learned advocate appearing for the respondent nos. 4 and 5 submits that the petitioner be relegated to avail the alternative remedy under Section 92(1) of the Gujarat Cooperative Societies Act, 1961, which provides for redressal of the dispute between the member and society.
5. Mr. Aakash Gupta, learned Assistant Government Pleader appearing for the respondent- State has placed on record the order passed by the respondent no.2 herein dated 13.03.2025 being No. RCOS/0569/03/2025, initiating the inquiry against the respondent no.4 under Section 86 of the Act. It is submitted that, the grievance of the petitioner otherwise would be redressed, when such inquiry is undertaken by the competent authority. Page 3 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Sat May 10 06:36:45 IST 2025
NEUTRAL CITATION C/SCA/3229/2025 ORDER DATED: 22/04/2025 undefined
6. In the opinion of this Court, the petitioner's Representation dated 03.02.2025 duly produced at Annexure-A, be considered by the respondent no.2 in accordance with the Recruitment Rules, which are framed by the respondent no.4 Bank and in accordance with the Gujarat Cooperative Societies Act. It is open for the respondent no.2 either to decide the said representation independently or consolidate the same with the inquiry undertaken under Section 86 of the Gujarat Cooperative Societies Act. The aforesaid Representation be decided, preferably within a period of two weeks from the copy of the receipt of the order.
7. This Court has otherwise not opined on the merits of the matter.
8. It is kept open for the petitioner herein to approach this Court in case of any difficulty.
9. The present Petition stands disposed of. Direct service is permitted.
(VAIBHAVI D. NANAVATI,J) Pradhyuman Page 4 of 4 Uploaded by PRADHYUMANSINH D. RAHEVAR(HC01408) on Fri May 09 2025 Downloaded on : Sat May 10 06:36:45 IST 2025