Gujarat High Court
Kurjibhai Son Of Devjibhai Songara vs State Of Gujarat & 2 on 23 September, 2014
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/CA/11016/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 11016 of 2014
In SPECIAL CIVIL APPLICATION NO. 2771 of 2014
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KURJIBHAI SON OF DEVJIBHAI SONGARA....Applicant(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR AS SUPEHIA, ADVOCATE for the Applicant(s) No. 1
MS SHRUTI PATHAK, ASST.GOVERNMENT PLEADER for Respondent No.1-
2
MS KHYATI P HATHI, ADVOCATE for the Respondent(s) No. 3
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 23/09/2014
ORAL ORDER
1. Rule. Ms.Shruti Pathak, learned Assistant Government Pleader waives service of notice of Rule for respondents Nos.1 and 2. Ms.Khyati P. Hathi, learned advocate waives service of notice of Rule for respondent No.3.
2. This application has been preferred with a prayer to permit the applicant to participate in the camp to be organized for the purpose of promotion.
3. The applicant is the original petitioner of Special Civil Application No.2771/2014, which has been Page 1 of 4 C/CA/11016/2014 ORDER filed with the following prayers :
"9(A) Directing the respondents to include the name of the petitioner in the select list prepared for promotion to the post of Head Teachers and further issue posting orders on the place as per their choice/option. 9(B) During the pendency and final disposal of the petition the respondent No.3 may be directed to allow the petitioner to exercise their option for choice of place in the Camp to be organized on 20.02.2014."
4. By an order dated 19.02.2014, this Court issued notice and granted adinterim relief in terms of paragraph9(B). However, the aforesaid camp was not held on 20.02.2014, because of a stay order granted by this Court in another petition. Now, the camp is to be held on 26.09.2014. However, by a letter dated 18.09.2014, respondent No.3 has informed the applicant that the Court has permitted the applicant to appear in the camp to be held on 20.02.2014, therefore, he would not be allowed to participate in any camp to be held subsequently.
5. This Court has heard Mr.A.S.Supehia, learned advocate for the applicant, Ms.Shruti Pathak, learned Assistant Government Pleader for respondents Nos.1 and Page 2 of 4 C/CA/11016/2014 ORDER 2 and Ms.Khyati P. Hathi, learned advocate for respondent No.3.
6. This Court has granted adinterim relief in terms of paragraph9(B) of the petition, permitting the petitioner to exercise option for choice of place in the camp that was to be organized on 20.02.2014.
7. At that point of time, neither the petitioner, nor the respondents, were aware that the said camp would not be held on 20.02.2014. Hence, the fact that the camp was not held on that day, cannot be used against the applicant in order to disallow him to participate in the subsequent camp. The intention of the Court, in passing the adinterim order, was to permit the petitioner to participate in the camp that was to be held on the scheduled date. If the camp is now scheduled to be held subsequently, that would not dilute the force of the order of this Court. Hence, the stand of respondent No.3, in not permitting the applicant to participate in the camp scheduled to be held on 26.09.2014, is unreasonable and unjustified.
8. Hence, the following order :
Page 3 of 4 C/CA/11016/2014 ORDER
The applicant is permitted to participate in the camp to be organized by respondent No.3 for the purpose of promotion to the post of Head Teacher, whenever it is held.
The application is allowed, in the above terms.
Rule is made absolute, accordingly.
(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 4 of 4