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Gujarat High Court

Himanshu Atmaram Patel vs Gujarat Public Service Commission on 11 June, 2019

Author: N.V.Anjaria

Bench: N.V.Anjaria

        C/SCA/397/2019                                IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
           In R/SPECIAL CIVIL APPLICATION NO. 397 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
           In R/SPECIAL CIVIL APPLICATION NO. 399 of 2019
==========================================================

HIMANSHU ATMARAM PATEL Versus GUJARAT PUBLIC SERVICE COMMISSION ========================================================== Appearance:

MR PA JADEJA for the PETITIONER(s) No. MR.JAYNEEL PARIKH, AGP for the RESPONDENT(s) No. MR PREMAL R JOSHI for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 11/06/2019 IA ORDER While passing the order dated 10.01.2019 in main Special Civil Application Nos.397 of 2019 and 399 of 2017, this Court granted ad­interim relief to the petitioners, stating that the petitioners­ applicants herein shall be permitted to appear in the interview for the post of Lecturer, Bio­Medical Engineering (Class­II) and that the result of the interview qua the applicants shall be kept in sealed cover to be subjected to further orders of this Court. It was observed in the said order that the appearance of the petitioners in the interview shall not create any right or equity in favor of the petitioners.
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C/SCA/397/2019 IA ORDER
2. Now, by filing the present Civil Application, learned advocate Mr. Vijay Jadeja for the applicants­ original petitioners submitted that the result (of the petitioners) of the interview which is kept in sealed cover as per the aforesaid direction is required to be opened so that the petitioners could know their status in the controversy. On the other hand, the prayer made in this Civil Application was opposed by learned advocate Mr. Premal Joshi for the Gujarat Service Public Commission. His contention was that the selected candidates have been possessing the basic degree which is the requirement. It was submitted that the petitioners do not hold the correspondence degree and since the candidates are in sufficient numbers, even if the petitioners are to succeed, they would not be able to have any fruit in the matter.
3. Learned advocate for the petitioner at this stage prays that he has been raising the issue of eligibility and that by holding correspondence masters degree, the petitioners are required to be treated as eligible. It was stated that the State Government has yet not filed reply.
4. The submission could be countenance that if the petitioners fail at interview, the petitions would lose their Page 2 of 3 Downloaded on : Wed Jul 03 04:29:22 IST 2019 C/SCA/397/2019 IA ORDER survival value.
5. Therefore the State Government is directed to file reply within two weeks and the GPSC shall bring the sealed cover containing the result of the petitioners which to be opened on the next date so that the status can be ascertained.
6. It is clarified that bringing and opening the sealed cover will not create any right or equity in favor of the petitioners.
7. No further relief could be granted except the aforesaid observations. The Civil Applications stand disposed of as not entertained.

The main petitions may be posted on 26.06.2019.

(N.V.ANJARIA, J) Manshi Page 3 of 3 Downloaded on : Wed Jul 03 04:29:22 IST 2019