Prashant Sureshbhai Modi vs State Of Gujarat on 17 January, 2019

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Gujarat High Court

Prashant Sureshbhai Modi vs State Of Gujarat on 17 January, 2019

Bench: N.V.Anjaria

        C/SCA/11743/2018                                   IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   CIVIL APPLICATION NO. 1 of 2019
                                  IN
            R/SPECIAL CIVIL APPLICATION NO. 11743 of 2018
=============================================

PRASHANT SURESHBHAI MODI Versus STATE OF GUJARAT ============================================= Appearance:

MR DIPAK R DAVE for the PETITIONER(s) No. ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP for the RESPONDENT(s) No. MS ROOPAL R PATEL for the RESPONDENT(s) No. ============================================= CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 17/01/2019 IA ORDER Heard learned advocate Mr. Dipak R. Dave for the applicants original petitioners, learned Assistant Government Pleader Mr. Kanva Antani for the respondent State whereas learned advocate MS. Roopal R. Patel appears for respondent No.2GPSC.

2. In this Civil Application what is prayed by the applicantsoriginal petitioners is to permit them to appear in the interview in respect of the post of Information and Communication Technology Officer, ClassII. They are seeking direction against the respondents to call for oral interview, which are stated to be scheduled from 18.01.2019.

3. The main petition involves controversy about the eligibility of the petitioners with respect to the experience possessed by them. While issuing notice in the main petition, following observations were made in order dated 01.08.2018:

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C/SCA/11743/2018 IA ORDER "Learned advocate for the petitioners presses for interim relief, however, at this stage question of grant of any interim relief does not arise since the dates for interview are yet not declared. As and when, it is declared and eventuality arises which may deprive the petitioners of their being tried on merits, it will be open for the petitioners to seek interim directions"

4. It could be submitted that if the petitioners are not allowed to permit in the interview, their cause would be defeated without it being tried on merits. The petition awaits filing of affidavit in reply and completion of pleadings.

5. In order to see that, irreversible situation does not arise for the petitioners, the petitioners could be permitted to appear in the interview subject to certain conditions.

6. Accordingly, this Civil Application is disposed of by directing the respondents to interview the petitioners. The petitioners shall be interviewed, however their result shall not be declared and shall be kept in sealed cover to be produced before the Court to be subjected to further orders.

6.1 It is clarified that the present order as well as appearance of the petitioners will not create any right or equity in favour of the petitioners.

7. This application stands disposed of accordingly.

Direct service today is permitted.

(N.V.ANJARIA, J) Lalji Desai Page 2 of 2

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