Gujarat High Court
Trupti vs State on 17 October, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCA/14793/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14793 of 2011
With
SPECIAL
CIVIL APPLICATION No. 14794 of 2011
With
SPECIAL
CIVIL APPLICATION No. 14796 of 2011
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TRUPTI
ANILBHAI SHAH (AFTER MARRIAGE) & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT THRO THE PRINCIPAL SECRETARY & 1 - Respondent(s)
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Appearance :
MR
RK MISHRA for
Petitioner(s) : 1 - 2.MRNIRAVRMISHRA for Petitioner(s) : 1 - 2.
MS
JIRGA JHAVERI, ASST. GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 04/10/2011
COMMON
ORAL ORDER
Heard learned Advocates for the petitioners and learned Assistant Government Pleader Ms. Jirga Jhaveri for the respondent - State.
Learned Advocate for the petitioners submits that all the petitioners have acquired requisite eligibility prescribed as Deputy Mamlatdar, Class III, in the Subordinate Revenue Services Recruitment Rules, 2010 framed in exercise of powers conferred by the proviso to Article 309 of the Constitution of India as per publication dated 16.02.2010 in the Notification in the Government Gazette and specifically as per Rule (2)(A) of the above rules and further, Rule 3(a) provides that appointment by promotion and by direct selection be made on the basis of a result of competitive examination under sub-rule (A) and (B) of Rule 2 in the ratio of 3 as 1 respectively. It is submitted that as per Advertisement No.20 published by Gujarat Public Service Commission (GPSC) for various categories include 676 vacancies for Deputy Mamlatdar in the Revenue Department. It is submitted that the above vacancies are to be filled in exclusively by direct recruitment and therefore, earlier the petitioners had filed writ petitions before this Court and by an order dated 07.07.2011, the petitions came to be disposed of without expressing any opinion on merits of the statements made by the learned Assistant Government Pleader appearing in those writ petitions on behalf of the State.
Upon instructions received from the Under Secretary, Revenue Department, State of Gujarat, it was stated before the Court that Rule 3(a) for which grievances were raised by the petitioners, the authority of the government was prepared it to implement it as per the statutory rules and to give effect to it. Later on pursuant to the advertisement for the post in question, the elimination test was held and further process of selection continued but observation and follow up action of the above statement remained non-complied with; and eligible candidates from the feeder cadre for promotion to the post of Deputy Mamlatdar (Revenue), though eligible are not considered and therefore, these petitions have been filed with a prayer seeking relief therein.
In the above circumstances, the respondents to specifically answer whether any provision is made for the eligible employees like the petitioner from the feeder cadre for promotion to the post of Deputy Mamlatdar (Revenue) or not? and whether the direct recruitment undertaken pursuant to the advertisement is contrary to Rule 3(a) of the Rules of 2010.
If no affidavit is filed on or before 17th October, 2011, appropriate order will be passed. Direct Service is permitted.
Copy of this order be given to the learned Assistant Government Pleader.
Sd/-
(Anant S. Dave, J.) Caroline Top