Chauhan Ajitsinh Dalusinh vs State Of Gujarat on 19 December, 2022

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Gujarat High Court

Chauhan Ajitsinh Dalusinh vs State Of Gujarat on 19 December, 2022

Bench: A.S. Supehia

      C/SCA/16589/2022                                       ORDER DATED: 19/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              R/SPECIAL CIVIL APPLICATION NO. 16589 of 2022
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                         CHAUHAN AJITSINH DALUSINH
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR ANVESH V VYAS(5654) for the Petitioner(s) No. 1
MR RONAK RAVAL, AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
                      Date : 19/12/2022
                       ORAL ORDER

1. The present writ petition has been filed seeking the following prayer:-

"8b.Be pleased to quashed and set aside the order dated 25.10.2021 passed by the respondent herein and direct the respondent to give an appointment to the petitioner for the post of Live Stock Inspector Class-III, as it was published in the advertisement dated 23.03.2015 being numbered at DAH/201314/2."

2. By this writ petition, the petitioner is challenging the order dated 25.10.2021 passed by the respondent authority.

3. It is the case the petitioner that he was placed in the waiting list at serial no.14. The petitioner along with other candidates were required to produce appropriate certificate for getting appointment of the Live Stock Inspector on or before 25.03.2015, failing which, their names would be automatically rejected from the list of 25.03.2015. Thus, the petitioner's name figured in the waiting list at serial nos.12 and 14.

4. By the order dated 22.03.2016, the case of the petitioner for appointment was rejected, which was subject matter of challenge before this Court by filing Special Civil Application No.13690 of 2016. The writ petition being Special Civil Application No.13690 of 2016 was disposed of by the order dated 18.01.2017, however, the copy of the order is not Page 1 of 3 Downloaded on : Sat Dec 24 04:04:07 IST 2022 C/SCA/16589/2022 ORDER DATED: 19/12/2022 annexed with the writ petition. The petitioner, thereafter, filed an RTI application seeking reason for his non appointment. Thereafter, the petitioner filed a detailed representation on 20.03.2017. The petitioner again filed writ petition being Special Civil Application No.8602 of 2017, which was decided on 29.06.2021 directing the petitioner to file fresh representation. The said order is also not annexed with this petition. This Court during the course of hearing has endavoured to pass the said order. In the said order, this Court had directed the petitioner to demonstrate before the authorities that the degree certificate issued by CMJ University is genuine.

5. It appears that, this Court had directed the petitioner to file again representation, which was decided by the impugned order dated 25.10.2021. By the impugned order, the respondent authorities have specifically held that the petitioner has not produced any documentary evidence to show that his degree certificate is genuine. The petitioner had obtained his degree certificate from the CMJ University. It is the case of the petitioner that the degree certificate, which is procured by him from the such university is genuine. Despite two orders passed by this Court, the petitioner was unable to point out any documentary evidence to show that he has obtained the degree from the CMJ University, is genuine. In wake of any evidence supplied by the petitioner showing that the degree is genuine, the impugned order cannot be faulted with. Pursuant to the order passed by this Court on 29.06.2021, the petitioner was supposed to show evidence to the respondent authority pointing out that the degree certificate is genuine. In absence of such evidence produced by the petitioner, the respondent was not supposed to pass detail order.

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C/SCA/16589/2022 ORDER DATED: 19/12/2022

6. Under the circumstances, this Court cannot find fault in the observations made by the respondent authorities. Hence, the writ petition is dismissed in limine.

(A. S. SUPEHIA, J) ABHISHEK/9 Page 3 of 3 Downloaded on : Sat Dec 24 04:04:07 IST 2022

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