Gujarat High Court
State Of Gujarat vs Jadav Yogeshkumar Chhaganlal on 21 December, 2023
Author: N.V.Anjaria
Bench: N.V.Anjaria, Umesh A. Trivedi
NEUTRAL CITATION
C/LPA/1449/2023 ORDER DATED: 21/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 1449 of 2023
In R/SPECIAL CIVIL APPLICATION NO. 12629 of 2022
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
In R/LETTERS PATENT APPEAL NO. 1449 of 2023
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STATE OF GUJARAT
Versus
JADAV YOGESHKUMAR CHHAGANLAL
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Appearance:
MR RONAK RAVAL, AGP for the Appellant(s) No. 1,2,3
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 21/12/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned Assistant Government Pleader Mr.Ronak
Raval for the appellant State.
2. The challenge in this Letters Patent Appeal preferred
under Clause 15 of the Letters Patent is directed against
judgment and order dated 13.9.2022 of learned single Judge,
whereby the petitions filed by two petitioners, one of which was
the respondent herein, came to be allowed to direct the
authorities to consider the case of the petitioner for promotion
to the post of Deputy Mamlatdar - Class-III without treating the
petitioner disqualified on the ground that he did not pass the
CCC examination, further granting the consequential benefits
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C/LPA/1449/2023 ORDER DATED: 21/12/2023
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arising thereby.
3. Amongst the eligibility prescribed for the promotion to the
post of Deputy Mamlatdar, one of the requirements was that the
candidate must have passed the CCC examination within two
years from the date of regularization. The respondent- original
petitioner was appointed as Clerk and at the end of completion
of five years of contractual period, he came to be regularized by
order dated 19.8.2014. The regularization of the petitioner was
granted with effect from 2.3.2014. These dates are not in
dispute.
3.1 It is the specific case of the petitioner that he applied for
CCC examination before the Sardar Patel Institute of Public
Administration (SPIPA) on 10.2.2016 and appeared in the
examination held on 3.3.2016. The result was however declared
on 14.3.2016.
3.2 Learned Judge has found in the facts of the case the
disqualification for the petitioner of not having passed the CCC
examination from the date of order of regularization, would not
occur and that the petitioner was entitled to relief.
4. This court on examination of facts finds that the view taken
by learned single Judge is not only plausible but bears out from
the relevant facts in the case. As noted above, the petitioner
came to be regularized by order dated 19.8.2014. He applied for
the examination within three years and the examination was
held. Whether the result is declared after the passage of two
years or whether the result was not declared or even the
NEUTRAL CITATION
C/LPA/1449/2023 ORDER DATED: 21/12/2023
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examination was actually taken or not, may not be germane to
treat the person entitled to or otherwise for the promotion. Once
the petitioner opted and applied to offer himself for examination
required to be passed and when the result was declared after
passage of two years, it will not lead to exclusion of petitioner
from the zone of consideration for the purpose of promotion.
5. The judgment and order of learned single Judge cannot be
said to be booking any error in giving directions to the
respondent authorities to consider the case of the petitioner. The
Letters Patent Appeal stands meritless. It is dismissed.
In view of disposal of the Appeal, the Civil Application will
not survive. It is accordingly disposed of.
(N.V.ANJARIA, J)
(UMESH A. TRIVEDI, J)
Manshi
