Patel Vipulkumar Ambalal vs State Of Gujarat
2023 Latest Caselaw 6158 Guj

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     C/SCA/3189/2021                               ORDER DATED: 22/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 3189 of 2021

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                       PATEL VIPULKUMAR AMBALAL
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR JAY N SHAH(10668) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                          Date : 22/08/2023

                            ORAL ORDER

1. Heard learned advocate Mr. Jay Shah on behalf of the

petitioner and learned AGP Mr. Sahil Trivedi on behalf of the

respondent.

2. Considering the submissions made by the learned

advocates for the respective parties, it would appears that the

issue raised in the present petition, had already been decided

by a learned Co-ordinate Bench of this Court vide decision

dated 22.09.2022 in Special Civil Application No.14920 of

2019 and Special Civil Application No.14627 of 2021. It would

appear that the judgment of the learned Co-ordinate Bench,

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C/SCA/3189/2021 ORDER DATED: 22/08/2023

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has been accepted in principle by the State Government and

whereas, in so far the petition is concerned, the case of the

petitioner has been considered by the respondents for being

included in the select-list, more particularly, excluding the

requirements of the recruitment rules of having passed SSC

Examination with English as one of the subjects. It would also

appear from the select-list, which is annexed with the

affidavit-in-reply that the present petitioner figures at Sr.

No.11 in the waiting-list, more particularly, as pointed out by

the learned AGP, the cut-off marks for the general candidates,

being 87.40 and the petitioner having received a total of

85.805 marks.

3. Learned advocate Mr. Shah would further raise a

grievance that the post's advertised were 400 and whereas,

the State has already filled-up only 353 posts.

4. In the considered opinion of this Court, the scope of the

present petition would be restricted to the prayers whereby,

the petitioner had challenged the exclusion from the select-list

on the ground of non passing of the SSC Examination with

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C/SCA/3189/2021 ORDER DATED: 22/08/2023

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English language, and upon the petitioner's name being

included in the select-list without the said consideration being

taken into account, the prayers sought for in the present

petition stands granted. Thus, nothing further is required to

be done by this Court except stating that in case the petitioner

has in any other grievance with regard to the selection, it

would be open for the petitioner to take appropriate action in

accordance with law.

5. With these observations, the petition stands disposed of.

Direct service is permitted.

(NIKHIL S. KARIEL,J) A. B. VAGHELA