Gauravkumar Jayantilal Mehta vs State Of Gujarat
2021 Latest Caselaw 13869 Guj

     C/SCA/12416/2020                                ORDER DATED: 13/09/2021




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 12416 of 2020

                             With
      CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
       In R/SPECIAL CIVIL APPLICATION NO. 12416 of 2020
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             GAURAVKUMAR JAYANTILAL MEHTA
                            Versus
                     STATE OF GUJARAT
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Appearance:
MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1
GOVERNMENT PLEADER(1) for the Respondent(s) No. 1
MR SHIVANG J SHUKLA(2515) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 13/09/2021

                              ORAL ORDER

1. Heard learned Advocate Shri Vaibhav A. Vyas for the petitioner, learned AGP Shri Utkarsh Sharma for the respondent No.1 - State and learned Advocate Shri Shivang Shukla for the respondent No.2.

2. In so far as the dispute raised in the present petition is concerned, a contention is raised on behalf of the petitioner that vide Government Resolution dated 27.07.2018, the operation of a waiting list has been directed to be unrestricted in nature as compared to restrictions imposed vide Circular dated 24.12.2008. It has been submitted that while the later Resolution of 27.07.2018 envisages the prospective applicability, it also further envisages that policy of the State in this regard as per earlier Resolution / Circular would be governing the field in so far as the selection which have taken place before passing of the Resolution dated 27.07.2018.

C/SCA/12416/2020 ORDER DATED: 13/09/2021

The Circular dated 24.12.2008 is one of the earlier policy holding the field as per the Resolution dated 27.07.2018.

3. It has been brought to the notice of this Court vide a judgment in Special Civil Application No.15682 of 2014 dated 21.10.2016, a Coordinate Bench of this Court has set aside the Circular dated 24.12.2008 in so far as it restricts operation of waiting list. This Court has also been informed that this view has been reiterated in various judgments and whereas in some cases, appeals are pending before the Division Bench of this Court. As such the fact of Circular dated 24.12.2008 in so far as it restricts operation of waiting lists being set aside is undisputable and whereas it is nobody's case that the judgment of this Court in Special Civil Application No.15682 of 2014 is either stayed or set aside by the Division Bench of this Court or the Apex Court as the case may be.

4. Under such circumstances, the State Government is directed to clarify their stand as regards the applicability of the restrictions in Circular dated 24.12.2008, more particularly, in reference to Government Resolution dated 27.07.2018 whereby the selections which have occurred prior to the said Resolution are stated to be governed by the policy which was in force before the Government Resolution dated 27.07.2018 came into existence, Circular dated 24.12.2008 being one of the Circulars which governed the policy in this regard before Resolution dated 27.07.2018.

For taking appropriate instructions, S.O. to 27.09.2021.

(NIKHIL S. KARIEL,J) Y.N. VYAS