Gujarat High Court
Pradeep Navinbhai Patel & vs State Of Gujarat & on 22 August, 2013
Author: R.M.Chhaya
Bench: R.M.Chhaya
PRADEEP NAVINBHAI PATELV/SSTATE OF GUJARAT C/SCA/13200/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 13200 of 2013 With SPECIAL CIVIL APPLICATION NO. 12785 of 2013 With SPECIAL CIVIL APPLICATION NO. 13193 of 2013 ================================================================ PRADEEP NAVINBHAI PATEL & 61....Petitioner(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MR PA JADEJA, ADVOCATE for the Petitioner(s) No. 1 - 62 Mr. D.M Devnani Asstt. GOVERNMENT PLEADER for the Respondent(s) No. 1 - 2 ================================================================ CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 22/08/2013 ORAL ORDER
1. Mr. P. A Jadeja, learned advocate appearing for the petitioners tenders draft amendment in Special Civil Application No. 12785 of 2013 which is taken on record and is allowed. The petitioner shall carry out the draft amendment forthwith.
Mr. Jadeja, learned advocate appearing for the petitioners requests that the petitioners be permitted to add Gujarat Public Service Commission through its Secretary as having his office M.S. Building as party respondent no. 3. The petitioner is permitted to add Gujarat Public Service Commission as party respondent No. 3 in all the matters.
Heard Mr. Dave, learned Senior Counsel with Mr. P.A Jadeja learned advocate for the petitioners in all the matters and Mr. D.M Devnani, learned Assistant Government Pleader, who appears at the request of the Court on advance copy.
Notice returnable on 4th September 2013, on condition that the petitioners shall serve all the respondents latest by 23rd September 2011.
5. Mr. Dave, learned Senior Counsel, heavily relied upon the judgment rendered by Hon ble the Division Bench of this Court in Letters Patent Appeal No. 2986 of 2010 and allied matters dated 7th September 2011 and has pointed out that respondent nos. 1 and 2 have given fresh advertisement again to recruit and fill in the vacancies in both Government Engineering Colleges and Government Polytechnics again on eleven months contract basis.
6. Mr. Devnani, learned Assistant Government Pleader, pointed out that the respondents have no power to extend the time limit of the contract which is to come to an end on 2nd September 2013.
7. Considering the judgment of the Hon ble Division Bench and predominantly considering the fact that the academic year has started in Degree as well as Polytechnic Colleges and Engineering Colleges and considering the future of the students who are prosecuting their education in such colleges only by way of ad interim arrangement service conditions of the petitioners shall not be altered on the ground that the contract is to come to an end on 2nd September 2013, subject to further orders.
It is, however, made clear that no right is created in favour of the petitioners by this order and the same shall be subject to further orders of this Court. It is also clarified that no stay is granted against the advertisement which is given by the respondents.
8. The respondents shall file response by 2nd September 2013. Direct Service is permitted today.
(R.M.CHHAYA, J.) mary Page 4 of 4