Satishbhai Hilalbhai Patil vs State Of Gujarat
2023 Latest Caselaw 6280 Guj

                                                                                  NEUTRAL CITATION




      C/LPA/1151/2023                              ORDER DATED: 25/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 1151 of 2023

             In R/SPECIAL CIVIL APPLICATION NO. 8112 of 2020

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                        SATISHBHAI HILALBHAI PATIL
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR NK MAJMUDAR(430) for the Appellant(s) No. 1,2,3
 for the Respondent(s) No.
10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,4,5,6,7,8,9
MS SHRUTI DHRUVE, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
       and
       HONOURABLE MR. JUSTICE DEVAN M. DESAI

                             Date : 25/08/2023

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Bhuvnesh Gehlot for learned advocate Mr.N.K.Majmudar for the appellant and learned Assistant Government Pleader Ms.Shruti Dhruve for the respondent State and its authorities.

2. The present Letters Patent Appeal arise out of judgment and order dated 21.7.2022 of learned single Judge. The appellants are the original petitioners. The Special Civil Application filed by them came to be dismissed.

2.1 What was prayed in the impugned petition was to direct the respondent No.3- Departmental Promotional Board for

NEUTRAL CITATION

C/LPA/1151/2023 ORDER DATED: 25/08/2023

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accepting the applications of the petitioners for departmental examination in respect of the promotion to the post of Police Sub Inspector (Unarmed) Class III.

3. The petitioners were the Assistant Police Inspector (Unarmed) Class III seeking promotion to the post of Police Sub Inspector (Unarmed) Class III. They were denied the participation in the recruitment process and their request to appear in the departmental promotion examination was refused on the ground that they did not satisfy the criteria of minimum three years of service in the feeder cadre.

3.1 It is to be noted and could not be disputed by learned Assistant Government Pleader that identical issue was considered by the Division Bench of this court in Arjunsinh Mansukhbhai Dabhi Vs. State of Gujarat which was Letters Patent Appeal No.1372 of 2022 decided on 24.7.2023.

4. The reasons supplied and what is laid down in the said decision in Arjunsinh Mansukhbhai Dabhi (supra) would apply to the present case. For the reasons recorded in the said judgment, the present appeal is liable to be dismissed.

5. The present Letters Patent Appeal is accordingly, dismissed.

(N.V.ANJARIA, J)

(D. M. DESAI,J) Manshi