Mehariya Ladhubhai Fulabhai vs The State Of Gujarat
2021 Latest Caselaw 6253 Guj

       C/SCA/8076/2020                                  ORDER DATED: 17/06/2021



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 8076 of 2020
                                   With
               R/SPECIAL CIVIL APPLICATION NO. 9258 of 2020
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                 MEHARIYA LADHUBHAI FULABHAI & 11 other(s)
                                Versus
                    THE STATE OF GUJARAT & 2 other(s)
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Appearance:
MR. HARDIK J JANI(6497) for the Petitioner(s) No. 1,10,11,12,2,3,4,5,6,7,8,9
DS AFF.NOT FILED (R)(71) for the Respondent(s) No. 2,3
MR ROHAN N SHAH, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE

                              Date : 17/06/2021
                            COMMON ORAL ORDER

1. These petitions are filed with prayers that:

"(A) YOUR LORDSHIPS may be pleased to admit and allow this petition.

(B) YOUR LORDSHIPS may be pleased to direct the respondents herein, to proceed with the recruitment/selection process vide advertisement dated 12.04.2016 (at Annexure-A) and to grant the appointment to the eligible and entitled candidates like the petitioners for whom there is no dispute about eligibility and entitlement for the post in question, within the appropriate time limit, as prescribed by this Hon'ble Court. Alternatively, (C) YOUR LORDSHIPS may be pleased to issue an appropriate writ, order or direction, directing the respondents herein, to adhere to the recruitment/selection process vide advertisement dated 12.04.2016 (at Annexure-A) for the post of Old Teachers in Secondary and Higher Secondary Schools and to proceed and complete the same within the appropriate time frame, as directed by this Hon'ble Court."

2. At the outset, Mr. Hardik Jani, learned advocate for the petitioners states that the petitioners who are meritorious candidates and whose names appear in the Select List which is produced at Annexure-I are awaiting the completion of recruitment process. However, the very recruitment process was called in question by a petition being Special Civil Application No.6726 of 2016 and cognate matters which came to be

C/SCA/8076/2020 ORDER DATED: 17/06/2021

allowed by a common oral judgment dated 18.11.2019. Thereafter also, there was no progress in the recruitment process on the ground that an Letters Patent Appeal has been preferred against the aforesaid common oral judgment. Learned advocate for the petitioners submits that the petitioners were aspiring to join at the earliest are have to wait indefinitely and therefore, the prayer is made for disposing of the petition as now even the Letters Patent Appeal i.e. the challenge by the State Government is now decided against the State. He draws attention of this Court to the order passed by Division Bench of this Court in Letters Patent Appeal No.42 of 2021 and other cognate matters wherein it is directed as under:

"2. The learned Single Judge after considering the entire material on record including the policy of the Government as also the relevant case law on the point deciding the issue has allowed the writ petition extending the benefit of the 5 years service of the petitioners holding that they had required experience for participation in the recruitment process. Accordingly appropriate directions have been issued. We do not find any infirmity in the order passed by the learned Single Judge.

3. At this stage, Shri Devani, learned Assistant Government Pleader appearing for the State appellants has prayed for four weeks time to ensure compliance of the directions issued by the learned Single Judge. Ms. Vyas, learned counsel for the respondents has no objection to the same. We, accordingly, grant four weeks time as prayed to the appellants to ensure compliance of the directions of the learned Single Judge."

3. In view of the aforesaid, there is no impediment in disposing of these petitions with a direction that the respondent authorities shall comply with the directions issued by the Division Bench of this Court in aforesaid Letters Patent Appeal.

4. With the aforesaid observations, the petitions stand disposed of. Direct service is permitted.

(A.Y. KOGJE, J) TAUSIF SAIYED