Vyas Yogeshkumar Kaushikbhai vs Bahadursinh Chandansinh ...
2023 Latest Caselaw 2440 Guj

      C/MCA/914/2022                               ORDER DATED: 21/03/2023




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 914 of 2022
         In R/SPECIAL CIVIL APPLICATION NO. 6818 of 2021
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            VYAS YOGESHKUMAR KAUSHIKBHAI
                        Versus
BAHADURSINH CHANDANSINH SOLANKI, GUJARAT SECONDARY AND
      HIGHER SECONDARY EDUCATION STAFF SELECTION
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Appearance:
MR KEVALSINH B RATHOD(10250) for the Applicant(s) No. 1
MR.AMIT R JOSHI(6682) for the Applicant(s) No. 1
MR. AAKASH GUPTA, AGP for the Opponent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
       and
       HONOURABLE MR. JUSTICE J. C. DOSHI

                            Date : 21/03/2023
                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI)

[1] When the matter is taken up for hearing, learned advocate Mr. Amit Joshi, has pointed out that the order dated 27.06.2022 passed in Special Civil Application No. 5948 of 2021 and allied matter is not complied with. As a result of which, by virtue of order dated 29.09.2022, a notice came to be issued by the Co-ordinate Bench of this Court. During the pendency of present proceedings, the State authority has preferred Letters patent Appeal, as a result of which, the directions issued by the learned single judge, have been taken a note of and the Co-ordinate bench while deciding Letters Patent Appeal has issued following directions;

"5.9 Hence, we held that the learned Single Judge committed no error, while allowing the petition filed by the present Opponent. However, while so doing, the learned Single Judge ought not to have issued a blanket direction to appoint the opponent-petitioner on the post in

C/MCA/914/2022 ORDER DATED: 21/03/2023

question by taking into consideration his post graduation qualification, as valid. Hence, the order of the learned Single Judge requires to be modified to that extent. 6.

6. Consequently, the Appellants are DIRECTED to treat the post graduation qualification of the Opponent as valid and thereafter, consider his case on merit. Further, if, the present Opponent is found to be eligible for appointment on merit, then only, his case shall be considered for such an appointment on the post in question.

6.1 In the result, the present appeal is PARTLY ALLOWED and the common judgment and order passed by the learned Single Judge, Dated: 27.06.2022 is MODIFIED to the aforesaid extent.

6.2 Further, the appellants are directed to complete the aforesaid exercise within the period of EIGHT WEEKS from the date of receipt of a copy of this order."

[2] In view of the aforesaid directions issued by the Division Bench of this Court, learned advocate Mr. Joshi appearing for the appellant, under the instructions, does not press this petition at this stage. Accordingly Misc. Civil Application stands disposed of. Notice discharged.

(ASHUTOSH SHASTRI, J)

(J. C. DOSHI,J) VISHAL MISHRA