Gujarat High Court
State Of Gujarat & vs Shailesh M Jani & 1....Opponent(S) on 19 August, 2016
Author: Vipul M. Pancholi
Bench: Vipul M. Pancholi
C/MCA/2144/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2144 of 2016
In SPECIAL CIVIL APPLICATION NO. 17599 of 2003
==========================================================
STATE OF GUJARAT & 1....Applicant(s)
Versus
SHAILESH M JANI & 1....Opponent(s)
==========================================================
Appearance:
MR DHAWAN JAYSWAL, AGP for the Applicant(s) No. 1 - 2
MR PM DAVE, ADVOCATE for the Opponent(s) No. 2
MS KHYATI P HATHI, ADVOCATE for the Opponent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 19/08/2016
ORAL ORDER
1. This application is filed by the original respondents for review of the order dated 29.2.2016 passed by this Court in Special Civil Application No.17599 of 2003.
2. Heard learned A.G.P. Mr.Jayswal appearing for the applicants. It is submitted that due to oversight and non-availability of the record and instruction, certain factual aspects could not be placed on record at the time of hearing of the petition and therefore this review application is filed. It is submitted that Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Aug 23 04:02:19 IST 2016 C/MCA/2144/2016 ORDER Government Resolution dated 6.6.1989 could not be placed on record. It is submitted by learned Assistant Government Pleader that the original petitioner does not possess the requisite qualification as per the Government Resolution dated 6.6.1989 and in the communication dated 5.11.2003, it was categorically stated in clause 5 that the petitioner was required to possess Post Graduate Degree in Library Science.
3. In view of the above, it is requested that this Court may review the order dated 29.2.2016 passed in Special Civil Application No.17599 of 2003.
4. I have considered the averments made in this application as well as submissions canvassed on behalf of learned Assistant Government Pleader. It is an admitted fact that there is no discovery of new or important matter or evidence which, after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time of hearing of the petition. It is not the case of the present applicants that there is any error apparent on the face of the record in the order dated 29.2.2016. This Court has already discussed in detail about the qualification which the petitioner was possessing. It is also recorded Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Aug 23 04:02:19 IST 2016 C/MCA/2144/2016 ORDER that as per the advertisement, the petitioner was qualified and therefore appointed after following due process on the post of Librarian in the Post- Graduate department by respondent no.3- University.
5. In view of the above, the applicants have failed to point out any error apparent on the face of the record and therefore there is no case made out for review of the order dated 29.2.2016. Hence, this review application is dismissed.
(VIPUL M. PANCHOLI, J.) Srilatha Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Aug 23 04:02:19 IST 2016