Gujarat High Court
Riyaz Yusufbhai Modan vs State Of Gujarat & 2 on 21 February, 2017
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/SCA/2826/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 2826 of 2017
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RIYAZ YUSUFBHAI MODAN....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR RITURAJ M MEENA, ADVOCATE for the Petitioner(s) No. 1
MS DIMPLE A THAKER, ADVOCATE for the Petitioner(s) No. 1
ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
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CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 21/02/2017
ORAL ORDER
1. By way of present petition, the petitioner has prayed to quash and set aside the interview result dated 12.01.2017 and to hold that the petitioner is eligible candidate to be selected for the post of Assistant Professor Rubber Technology.
2. It is the case of the petitioner that the petitioner has done Masters of Engineering in Rubber Technology and was working as Assistant Professor at L.D. Engineering College since 19.10.2013 on contractual bases. The Respondent GPSC having advertised two posts of the Assistant Professor in Rubber Technology, the petitioner had applied for the same. However, the petitioner has been declared as unsuccessful candidate as Page 1 of 3 HC-NIC Page 1 of 3 Created On Sun Aug 13 20:59:08 IST 2017 C/SCA/2826/2017 ORDER per the result declared on 12.01.2017 (Annexure D).
3. It is sought to be submitted by learned Counsel Ms. Dimple A. Thaker for the petitioner that though the petitioner was possessing requisite qualifications and experience, he has been declared as unsuccessful candidate for the said post. She has further submitted that interview committee consisted of two experts, out of whom one expert was Mr.R.N.Desai who is Head of the department of Rubber Technology and that he had personal grudge against the present petitioner and therefore, the petitioner has not been selected for the post.
4. Having regard to the submissions made by learned Advocate Ms.Thaker, it appears that the petitioner has challenged the result of the interview committee for the post of Assistant Professor Rubber Technology after having participated in the process of recruitment, pursuant to the advertisement issued by the Respondent GPSC. In this regard, it is to be noted that the GPSC has recommended to the Government for appointing Mr.Gnanu Ghanshyambhai Bhatt on the post of Assistant Professor, and declared the present petitioner alongwith other candidates as unsuccessful, however, no appointment has been made so far. Hence, the petition to that extent is premature. In any Page 2 of 3 HC-NIC Page 2 of 3 Created On Sun Aug 13 20:59:08 IST 2017 C/SCA/2826/2017 ORDER case, once the petitioner having participated in the recruitment process as per the requirement and procedure laid down in the advertisement, he could not challenge the result merely because he has been declared unsuccessful. Under the circumstances, the Court is not inclined to interfere with the decision of the Respondent GPSC.
5. In that view of the matter, present petition being devoid of merits, deserves to be dismissed and is dismissed in limine.
(BELA M. TRIVEDI, J.) Tuvar Page 3 of 3 HC-NIC Page 3 of 3 Created On Sun Aug 13 20:59:08 IST 2017