Gujarat High Court
Patel Arvindbhai Manilal vs State Of Gujarat & 2 on 9 February, 2017
Author: P.P.Bhatt
Bench: P.P.Bhatt
C/SCA/6148/2004 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 6148 of 2004
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE P.P.BHATT
==========================================================
1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of
the judgment ?
4 Whether this case involves a substantial question of
law as to the interpretation of the Constitution of
India or any order made thereunder ?
==========================================================
PATEL ARVINDBHAI MANILAL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
==========================================================
Appearance:
MS MAMTA R VYAS, ADVOCATE for the Petitioner(s) No. 1
MR ROBIN MOGERA, AGP for the Respondent(s) No. 1 - 2
MR MP PRAJAPATI, ADVOCATE for the Respondent(s) No. 3
==========================================================
CORAM: HONOURABLE MR.JUSTICE P.P.BHATT
Date : 09/02/2017
ORAL JUDGMENT
1. The petitioner, by way of the present petition under Article 226 of the Constitution of India, has prayed for issuance of appropriate writ/order for quashing and setting aside the advertisement dated 23.03.2004, and a direction is also sought upon the respondents to cancel Page 1 of 5 HC-NIC Page 1 of 5 Created On Sun Aug 13 12:50:01 IST 2017 C/SCA/6148/2004 JUDGMENT the procedure of appointment made pursuant to the advertisement dated 23.03.2004. It is also prayed that necessary directions may be issued upon the respondents to issue fresh advertisement showing reservation for Ex- Servicemen.
2. It is the case of the petitioner that he is an Ex-Serviceman and has served the Indian Army for 17 years. The petitioner is possessing the qualifications required for being appointed as ATD Teacher. The respondents issued an advertisement for filling up 11 posts of ATD Teachers as "Vidhya Sahayak" in the Government Primary Schools run by the Mehsana District Panchayat Education Committee. In pursuance to the said advertisement, the petitioner has applied for the post in question, but since he was not selected, he approached the respondents with a request that 10% of total vacancies were required to be reserved for Ex- Servicemen.
3. Learned advocate for the petitioner submits that there is a Government Circular dated 07.07.2003 to keep 10% posts reserved in Class-III category for Ex-Servicemen, but while issuing advertisement in 2004 by the Mehsana District Panchayat Education Committee, such reservation was made in the said advertisement, and therefore, the petitioner could not be given appointment against the reserved category.
Page 2 of 5
HC-NIC Page 2 of 5 Created On Sun Aug 13 12:50:01 IST 2017
C/SCA/6148/2004 JUDGMENT
It is submitted that the respondents are required to consider the case of the petitioner for appointment as ATD Teachers against the reserved category of Ex-Servicemen in light of the Government Circular dated 07.07.2003.
4. Learned advocate for the respondent-Panchayat submits that the selections and appointments were made in pursuance to the advertisement dated 23.03.2004. Since there was no provision to keep 10% reserved posts for the Ex-Servicemen, the case of the petitioner could not be considered against the reserved category of Ex-Servicemen. It is further submitted that the entire selection process of appointments was completed in the year 2004, and the selected persons have been given appointments on the posts, and all the posts have been filled up and the appointees have taken charge and resumed their duties immediately after their appointment, and they are serving on the said posts since last more than 12 years. It is submitted that when petition was moved by the petitioner in the year 2004, this Court has not granted any interim order, nor any direction was given to the respondents to keep one post vacant for the petitioner. Under the circumstances, the selection process was completed and appointments were given to the persons upon their proved merit.
Page 3 of 5
HC-NIC Page 3 of 5 Created On Sun Aug 13 12:50:01 IST 2017
C/SCA/6148/2004 JUDGMENT
5. Learned AGP appearing for respondent nos.1 and 2 submits that the General Administration Department of the Government of Gujarat issued Government Circular dated 07.07.2003, and intimated to all the concerned to keep 10% reservation for Ex-Servicemen in public employment. It is submitted that the selection process was completed in pursuance to the advertisement issued by the Mehsana District Panchayat Education Committee, and all the posts have been filled up, and therefore, now the present petition has become infructuous as no interim order was granted at the time of admission of this petition to keep one post vacant.
6. Regard being had to the above submissions and looking to the facts and circumstances of the present case, it appears that the selection process is completed way back in the year 2004 in pursuance to the advertisement at Annexure-A, and on perusal of the said advertisement, it appears that there is no provision to keep 10% reserved for Ex- Servicemen. Since the entire selection process is over, and all the posts have been filled up, the present petition has become infrucutous. Hence, the present petition stands disposed of as it has become infructuous. Rule is discharged.
Page 4 of 5 HC-NIC Page 4 of 5 Created On Sun Aug 13 12:50:01 IST 2017 C/SCA/6148/2004 JUDGMENT (P.P.BHATT, J.) rakesh Page 5 of 5 HC-NIC Page 5 of 5 Created On Sun Aug 13 12:50:01 IST 2017