Mamta Mansukhbhai Chothani vs State Of Gujarat
2021 Latest Caselaw 5090 Guj

        C/SCA/6036/2021                                        ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 6036 of 2021
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                    MAMTA MANSUKHBHAI CHOTHANI
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR HS MUNSHAW(495) for the Petitioner(s) No. 1
RUSHABH H MUNSHAW(8958) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3
MR KRUTIK PARIKH, AGP(99) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                             Date : 06/04/2021

                              ORAL ORDER

1. Learned advocate Mr. H. S. Munshaw filed a draft amendment and the same is taken on record. The same is to be carried out forthwith.

2. Heard learned advocate Mr. H. S. Munshaw for the petitioner and learned advocate Mr. Krutik Parikh for respondents.

3. Learned advocate Mr. Munshaw draws attention of the Court to the series of documents and indicated that the petitioner has produced all the necessary documents along with her Application Form as per the requirement stated in the advertisement and at no point of time tried to conceal anything. It is merely a bona fide mistake on the part of the petitioner that against the column, whether petitioner is currently employed or not, the petitioner has stated 'NO' instead of 'YES", though the relevant documents were already annexed with the Application Form.

C/SCA/6036/2021 ORDER

3.1 Learned advocate Mr. Munshaw further drew the attention of the Court to the merit list in respect of the documents verification dated 06.02.2021, wherein the petitioner's name figured at Sr. No.48. Learned advocate Mr. Munshaw submitted that on 19.03.2021, when the first provisional merit list was published, the petitioner's name was not there. Therefore, petitioner immediately made a representation on 20.03.2021 and after waiting for about 10 days, since no favourable reply or even reply was received by the petitioner, the petitioner approached this Court by filing present petition on 30.03.2021 and thereafter, the matter was listed for hearing on 05.04.2021 and then today.

3.2 Learned advocate Mr. Munshaw submitted that in view of aforesaid facts coupled with documents, makes it clear that petitioner's intention was not to conceal anything and she is entitled to job and small mistake may not entirely thresh out her chance of getting her dream job.

3.3 In support of his contention, learned advocate Mr. Munshaw draws the attention of the Court to order dated 27.12.2018 passed in Special Civil Application No.22981 of 2017 and the judgment of the Division Bench dated 23.01.2013 in Letters Patent Appeal No.1487 of 2012 and on the strength of aforesaid two judgments prays for ad interim relief in terms of para 25(C).

4. Learned AGP Mr. Parikh on the other hand vehemently opposed the petition and submitted that what is required to be mentioned in the Application Form is required to be seen. If the Application Form is not fill up in proper manner or if it is contrary to the documents attached, the authority was justified in deleting the name of the petitioner from merit list.

            C/SCA/6036/2021                                        ORDER




4.1    Learned       AGP     Mr.   Parikh    also   submitted     that      district

preference for general category candidates is already exhausted on 01.04.2021 and prays that in view of aforesaid instructions received by him, no relief can be granted, at this stage to the petitioner.

5. I have considered the submissions of the learned advocate Mr.Munshaw as well learned AGP Mr. Parikh. I have also noted the fact that the petitioner's name was there in the list published for verification of the documents on 06.02.2021 and thereafter her name was deleted in the provisional merit list published on 19.03.2021 and on very next day i.e. on 20.03.2021, petitioner representated against it but the State authority has never bothered to reply the representation till entire process was over for district preference for general category candidates.

5.1 Hence, today the situation is created that ultimately if petitioner succeeds, she will be deprived of effective relief and therefore, in view of the peculiar facts of the case and to strike the balance between the parties, the relief in favour of the petitioner is required to be granted.

5.2    Issue Notice returnable on 26.04.2021.


5.3    In the mean time, there shall be ad interim relief in terms of
para 25(C).


       Direct service is permitted.


                                                        (NIRZAR S. DESAI,J)
DRASHTI K. SHUKLA