Gujarat High Court
Sidsar Group Agricultural Service ... vs State Of Gujarat on 22 April, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/3229/2025 ORDER DATED: 22/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 3229 of 2025
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SIDSAR GROUP AGRICULTURAL SERVICE COOPERATIVE
SOCIETY LTD.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR TULSHI R SAVANI(3070) for the Petitioner(s) No. 1
MR. AAKASH GUPTA, AGP for the Respondent(s) No. 1,2,3
MR. B.B. NAIK, Senior Counsel assisted by MR UMANG R
VYAS(5595) for the Respondent(s) No. 4, 5
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 22/04/2025
ORAL ORDER
1. Heard Mr. Tulshi R. Savani, learned advocate
appearing for the petitioner, Mr. Aakash Gupta, learned Assistant
Government Pleader appearing for the respondent Nos. 1 to 3 -
State and Mr. B.B. Naik, learned Senior Counsel assisted by Mr.
Umang R. Vyas, learned advocate appearing for the respondent
nos. 4 and 5, on caveat.
2. By way of the present petition, petitioner herein has
prayed for the following reliefs:
"15. Therefore, the petitioner prays to your Lordships that:
NEUTRAL CITATION
C/SCA/3229/2025 ORDER DATED: 22/04/2025
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(A) Be pleased to allow present petition.
(B) Be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction by quashing and setting aside
the recruitment process commencing by advertisement dated
23.01.2025 Ann 'B' published by respondent nos. 4 and 6 by
inviting applications for appointment of 80 clerks as the said
advertisement is against the rules of recruitment framed in view
of the judgment dated 30.10.2017 Ann 'C' passed by this Hon'ble
Court in SCA Nos. 6430 of 1997 and 9575 of 2006 and also
against the provisions of the Gujarat Co - operative Societies Act,
(C) Be pleased to pass appropriate order or direction by
directing respondent nos. 1 to 3 by taking appropriate actions in
view of representation dated 03.02.2025 annexed at Annexure - A
against illegal recruitment process and against the people who
are involved in the illegal recruitment.
(D) Pending admission, hearing and final disposal of present
petition, this Hon'ble Court may be pleased to stay the
recruitment process initiated in view of advertisement dated
23.01.2025 along with further proceedings in respect to
advertisement dated 23.01.2025 which is annexed at Annexure -
B to this petition.
(E) Such other and further relief or relieves as may be
deemed just and expedient in view of the facts and circumstances
of the case may kindly be granted."
3. The petitioner herein is a member society of the
respondent no.4 and is aggrieved by the recruitment process
undertaken by the respondent no.4. Mr. Savani, learned advocate
appearing for the petitioner relies on the representation made to
the respondent nos. 2 and 3 and submits that the grievance
raised in the said representation before the competent authority
is not redressed. It is submitted that the impugned advertisement
issued by the respondent nos.4 and 6 dated 23.01.2025, duly
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C/SCA/3229/2025 ORDER DATED: 22/04/2025
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produced at Annexure-B, by inviting applications for appointment
of 80 Clerks, is contrary to the Recruitment Rules framed in view
of the judgment dated 30.10.2017 passed by the High Court in
SCA Nos. 6430 of 1997 and 9575 of 2006, duly produced at
Annexure-C and against the provisions of the Gujarat Cooperative
Societies Act, 1961.
4. Mr. B.B. Naik, learned Senior Counsel assisted by Mr.
Umang R. Vyas, learned advocate appearing for the respondent
nos. 4 and 5 submits that the petitioner be relegated to avail the
alternative remedy under Section 92(1) of the Gujarat Cooperative
Societies Act, 1961, which provides for redressal of the dispute
between the member and society.
5. Mr. Aakash Gupta, learned Assistant Government
Pleader appearing for the respondent- State has placed on record
the order passed by the respondent no.2 herein dated 13.03.2025
being No. RCOS/0569/03/2025, initiating the inquiry against the
respondent no.4 under Section 86 of the Act. It is submitted that,
the grievance of the petitioner otherwise would be redressed,
when such inquiry is undertaken by the competent authority.
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C/SCA/3229/2025 ORDER DATED: 22/04/2025
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6. In the opinion of this Court, the petitioner's
Representation dated 03.02.2025 duly produced at Annexure-A,
be considered by the respondent no.2 in accordance with the
Recruitment Rules, which are framed by the respondent no.4
Bank and in accordance with the Gujarat Cooperative Societies
Act. It is open for the respondent no.2 either to decide the said
representation independently or consolidate the same with the
inquiry undertaken under Section 86 of the Gujarat Cooperative
Societies Act. The aforesaid Representation be decided, preferably
within a period of two weeks from the copy of the receipt of the
order.
7. This Court has otherwise not opined on the merits of
the matter.
8. It is kept open for the petitioner herein to approach
this Court in case of any difficulty.
9. The present Petition stands disposed of. Direct service
is permitted.
(VAIBHAVI D. NANAVATI,J)
Pradhyuman
