Gujarat High Court
Ansari Julaya Abdulrub Ahmedali vs State Of Gujarat on 18 October, 2021
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/LPA/916/2021 ORDER DATED: 18/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 916 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 9743 of 2018
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 916 of 2021
With
R/LETTERS PATENT APPEAL NO. 917 of 2021
In
SPECIAL CIVIL APPLICATION NO. 4927 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 917 of 2021
In
SPECIAL CIVIL APPLICATION NO. 4927 of 2017
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ANSARI JULAYA ABDULRUB AHMEDALI & 15 other(s)
Versus
STATE OF GUJARAT
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Appearance:
MR AJ YAGNIK(1372) for the Appellant(s) No.
1,10,11,12,13,14,15,16,2,3,4,5,6,7,8,9
for the Respondent(s) No. 10,11,12,13,14,15,16,17,18,19,2,3,8,9
MR MANAN MEHTA, AGP(99) for the Respondent(s) No. 1
PRITHU PARIMAL(9025) for the Respondent(s) No. 4,5,6,7
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE
Date : 18/10/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr.Ronith Roy for learned advocate Mr.Anand Yagnik for the appellants, learned Assistant Government Pleader Mr.Manan Mehta for the respondent State and its authorities and learned advocate Ms.Mamta Vyas as well as learned advocate Mr.Prithu Parimal for the respondents in Page 1 of 4 Downloaded on : Mon Jan 17 00:31:31 IST 2022 C/LPA/916/2021 ORDER DATED: 18/10/2021 the respective appeals.
2. Both the captioned Letters Patent Appeals arise out of common order dated 22.9.2021 passed by learned Single Judge. The order reads as under.
"Learned advocates appearing for selected candidates have submitted that they are not offered appointment though they are selected. It is submitted that some of the selected candidates will become overage. Hence, appropriate order may be passed.
Learned AGP Mr.Ronak Raval has submitted that today he will be filing affidavit-in-reply on behalf of the respondent - State authority and he has also submitted that the appointment to be offered to those candidates, who are eligible.
It is pointed out by the learned AGP that out of six candidates, candidates at Serial Nos. 4 and 5 have already been given appointments by the respondent
- State authority and other qualified candidates can be given an appointment with the permission of this Court.
In view of the aforesaid statement, the respondent - State authority is directed to appoint such candidates subject to outcome of the result of Special Civil Application Nos. 4927 of 2017, Special Civil Application No. 9743 of 2018 and Special Civil Application No. 6577 of 2017.
The matters are kept on 22.11.2021. Since the matters are fixed for hearing, the civil application for fixing date of hearing does not survive and the same is disposed of accordingly."
3. The prayer in the main petition relate to permitting the candidates possessing the qualification of B.Ed Urdu for the post of Vidhya Sahayak in the primary and upper primary sections for the subject of languages. The petitioners who are stated to be Page 2 of 4 Downloaded on : Mon Jan 17 00:31:31 IST 2022 C/LPA/916/2021 ORDER DATED: 18/10/2021 holding the B.Ed degree with Urdu subject claimed themselves to be eligible to be appointed. They have prayed to include their names in the merit list and give them the appointment. On the other hand case of the respondents appears to be that the eligibility prescription as mentioned in the advertisement is the requirement of B.Ed (English/ Gujarati/ Hindi/ Sanskrit).
3.1 As could be immediately noticed from the order impugned in the present appeals, it is an interim order. The main Special Civil Applications are pending before the learned Single Judge to be considered on their merits at large.
4. Learned advocate for the appellants tried to submit that earlier the Court passed order dated 27.7.2018 in the very petition directing that the recruitment process shall not further proceed. He submitted that while the said order was in vogue, the impugned order came to be passed whereby the candidates were allowed to be appointed by learned Single Judge.
5. While various contentions are sought to be raised to assail the interim order of learned Single Judge, we need not dwell into it in as much as, it is for the learned Single Judge to consider the same in wake of the petitions pending before him.
5.1 As far as the reference to the order date 27.7.2018 is concerned, the present order is in the nature of modification to operate during the pendency and subject to outcome of the petition.
5.2 It is trite that against interim order, Letters Patent Appeal would not be ordinarily entertained. No exception could be Page 3 of 4 Downloaded on : Mon Jan 17 00:31:31 IST 2022 C/LPA/916/2021 ORDER DATED: 18/10/2021 demonstrated to persuade the Court otherwise. The order impugned being interim order, it does not finally decide anything nor any rights of the parties are crystallized thereby. On the contrary, as could be seen upon the bare reading of the order, learned Single Judge has permitted the appointments of the candidates subject to outcome of the main Special Civil Application. The apparent reason for passing the order of interim appointment as above is that some of the selected candidates were getting over aged.
6. While it is already observed by learned Single Judge that the appointments which may permitted pursuant to the impugned order would be subject to outcome of the petition, we reiterate the same and further that the observations in the interim order especially giving the appointment will not have any bearing on the merits which either side may agitate before the learned Single Judge.
7. In the aforesaid view, no case is made out to interfere with the interim order in this Letters Patent Appeals. The same is meritless. Both the Letters Patent Appeals are dismissed.
ORDER IN RESPECTIVE CIVIL APPLICATION In view of dismissal of the main Letters Patent Appeals, the present Civil Applications will not survive. Accordingly, both the Civil Applications stands disposed of.
(N.V.ANJARIA, J) (ANIRUDDHA P. MAYEE,J) Manshi Page 4 of 4 Downloaded on : Mon Jan 17 00:31:31 IST 2022