Gujarat High Court
Patel Rekhaben Kanulal vs State Of Gujarat & 2 on 3 November, 2017
Author: Sonia Gokani
Bench: Sonia Gokani
C/SCA/1381/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 1381 of 2017
[On note for speaking to minutes of order dated 25/01/2017 in
C/SCA/1381/2017 ]
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PATEL REKHABEN KANULAL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR MAHESH BHAVSAR, ADVOCATE for the Petitioner(s) No. 1
SONAL J BHAVSAR, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
MS ASMITA PATEL, AGP, for the Respondent (s) No.1
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CORAM: HONOURABLE MS JUSTICE SONIA GOKANI
Date : 03/11/2017
ORAL ORDER
Inadvertently, name of the learned Assistant Government Pleader, Ms.Asmita Patel is missed out in the cause title of the order dated 25/01/2017 her name be added.
Note for speaking to minutes stands disposed of accordingly.
(MS SONIA GOKANI, J.) MIRZA Page 1 of 1 HC-NIC Page 1 of 4 Created On Sat Nov 04 00:29:24 IST 2017 1 of 4 C/SCA/1381/2017 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 1381 of 2017 ========================================================== PATEL REKHABEN KANULAL....Petitioner(s) Versus STATE OF GUJARAT & 2....Respondent(s) ========================================================== Appearance:
MR MAHESH BHAVSAR, ADVOCATE for the Petitioner(s) No. 1 SONAL J BHAVSAR, ADVOCATE for the Petitioner(s) No. 1 ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MS JUSTICE SONIA GOKANI Date : 25/01/2017 ORAL ORDER
1. Petitioner is before this Court seeking following reliefs:
"Prayer Clause 5.
(A) Your Lordships may be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate writ order or direction and be pleased to direct the respondent authorities to reshuffle the vacant Post of Higher Secondary Shikshan Sahayak pursuant to the advertisement for the post of post of Higher Secondary Shikshan Sahayak forthwith and accordingly the direction may be given to the respondent authorities to give the Choice, recommendation letter and Appointment to the Petitioner at Mehsana District which is the first choice of the petitioner or in nearby Districts which are the first possible choices of the petitioner where the post of Page 1 of 3 HC-NIC Page 2 of 4 Created On Sat Nov 04 00:29:24 IST 2017
2 of 4 C/SCA/1381/2017 ORDER Higher Secondary Shikshan Sahayak are vacant, in the interest of justice.
(B) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents not to fill up at-least one post at Mehsana District which is the first choice of the petitioner or in nearby Districts which are the first possible choices of the petitioner where the post of Higher Secondary Shikshan Sahayak is vacant in the interest of justice. (C) Your Lordships may be pleased to grant any other appropriate just and proper reliefs including the cost of this petition."
2. Both the sides have been heard. Matter is squarely covered by the decision of this Court rendered in Special Civil Application No. 20332 of 2016, where this Court has held as follow:
"1.Resultantly, all these petitions are allowed.The action of the respondent-authority in filling up the posts of Teachers in Government Aided Higher Secondary Schools, which have subsequently been opened up for selection on account of non-filling of seats, without calling upon more meritorious candidates to exercise their option, is held unjust, arbitrary and violative of Articles 14 and 16 of the Constitution of India. The respondent-authority is,accordingly, directed to accommodate the petitioners on the post of Teacher within the concerned District, ensuring that their seniority is maintained in accordance with their respective merits. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.
2.At this stage, the learned Government Pleader submits that the period of eight weeks granted by this Court would be much less a period and, therefore, the respondent-authority may be granted at least twelve weeks' time to complete the formality.
3.As against the same, Shri Dipak Dave,learned counsel Page 2 of 3 HC-NIC Page 3 of 4 Created On Sat Nov 04 00:29:24 IST 2017
3 of 4 C/SCA/1381/2017 ORDER appearing for the petitioners, submits that another round of camp may not be organized prior to giving effect to the order of this Court.
4.In view of aforesaid, the requests extended by both the sides are acceded to and the respondent-authorities are directed to complete the aforesaid exercise within a period of TWELVE (12) WEEKS from the date of receipt of copy of this order and till then not to held any camp. No order as to costs.
Direct Service is permitted."
Petition is allowed accordingly.
Direct Service is permitted.
(MS SONIA GOKANI, J.) MIRZA Page 3 of 3 HC-NIC Page 4 of 4 Created On Sat Nov 04 00:29:24 IST 2017 4 of 4