Chander Mohan S/O Late Sher Singh vs High Court Of Gujarat
2021 Latest Caselaw 18243 Guj

     C/SCA/17829/2021                                  ORDER DATED: 08/12/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 17829 of 2021
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                  CHANDER MOHAN S/O LATE SHER SINGH
                               Versus
                       HIGH COURT OF GUJARAT
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Appearance:
C J GOGDA(7488) for the Petitioner(s) No. 1
VIKAS V NAIR(7444) for the Petitioner(s) No. 1
for the Respondent(s) No. 1
MR KM ANTANI, AGP for the Respondent(s) No. 2
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                              Date : 08/12/2021

                               ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Heard Shri Vikas V. Nair, learned counsel appearing for petitioner, Mr. K.M. Antani, learned Assistant Government Pleader, appearing for respondent No.2 and Mr. Hemang Shah, learned standing counsel appearing for respondent No.1.

2. Petitioner has sought for declaring Rule 8(3) of the Gujarat State Judicial Service (Amendment) Rules, 2011 as ultra-vires and unconstitutional, illegal and consequently to set aside the final result dated 19.10.2016, with a further direction to prepare a fresh merit list on the basis of the total marks obtained by the petitioner in the main written examination as well as proportionate marks of the interview or by adding marks obtained by the petitioner in the written examination and marks given to the petitioner in the interview by placing the name of the petitioner in the final select list.

3. The issue involved in the present writ petition is no more res integra in view of the decision of the Coordinate Bench in the case of

C/SCA/17829/2021 ORDER DATED: 08/12/2021

Vinay Kumar Vs. High Court of Gujarat and Others reported in 2016 LabIC 3828, whereunder similar prayer has been negatived or in other words, it has been held the said Rule to be intra-vires. The said order dated 16.8.2016 passed by the Coordinate Bench has been affirmed by the Hon'ble Apex Court in Special Leave to Appeal (CC) No.1941 of 2017 dated 30.1.2017, whereunder S.L.P. filed by the aggrieved petitioner (Shri Vinay Kumar) came to be dismissed. As such, we are of the considered view that present petition is also liable to be dismissed in the light of the issue urged in the present petition being squarely covered by the judgment rendered in Special Civil Application No.8793 of 2015, disposed of on 16.8.2016.

4. Accordingly, this petition stands DISMISSED.

5. Learned advocates appearing for the respondents are permitted to file memo of appearance in the Registry within an outer limit of FOUR WEEKS from today.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J) OMKAR