Gujarat High Court
Ajaykumar Babulal Parmar vs State Of Gujarat on 7 March, 2019
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/10321/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 10321 of 2018
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AJAYKUMAR BABULAL PARMAR
Versus
STATE OF GUJARAT
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Appearance:
MR MITUL SHELAT WITH MS DISHA N NANAVATY(2957) for the
Petitioner(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,28,29,3,30,31,32,
33,34,35,36,37,38,39,4,5,6,7,8,9
MS MANISHA LAVKUMAR, GOVERNMENT PLEADER(1) for the
Respondent(s) No. 1
MR DG SHUKLA(1998) for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 07/03/2019
ORAL ORDER
Inextricably interwoven was the subject matter of Special Civil Application No.6067 of 2017 with the subject matter of this petition. The said petition came to be dismissed by judgment dated 20th July, 2018. The judgment was set aside by the Division Bench in Letters Patent Appeal No.1029 of 2018 decided on 02nd November, 2018.
2. The challenge to the judgment of the Letters Patent Bench carried further before the Apex Court. In Special Leave to Appeal (Civil) Nos.3373-3376 of 2019, the Apex Court on 28th February, 2019 passed the following order.
"Issue notice.
Learned counsel for some of the respondents appears on caveat and accept notice. Therefore, the Page 1 of 3 C/SCA/10321/2018 ORDER service of show cause notice in respect of the represented respondents is waived. The respondents who are not in caveat should be served.
Four weeks' time is granted to the learned counsel for the respondents to file counter affidavit.
Rejoinder affidavit, if any, be filed within four weeks thereafter.
List the matter after eight weeks.
There shall be stay of the impugned order till the next date of hearing.
In the meantime, it would be open to the petitioner(s) to proceed further and appoint 374 Public Prosecutors. However, we make it clear that it would be subject to the orders which are passed by the learned Single Judge of the High Court before whom some writ petitions are pending. The learned counsel for the respondents have stated that in the said writ petitions a statement is made by the Advocate General on behalf of the State of Gujarat that the State would not proceed further in appointing the appointees. It would, therefore, open to the State of Gujarat to seek permission of the High Court, in case of any such statement is made."
3. After the aforesaid order of the Supreme Court, the State filed affidavit dated 25th February, 2019 in course of hearing of the present petition which inter alia reads as under.
"Since, the LPA was pending before the Hon'ble Division Bench, it was understood that the appointments of 374 APPs as per the revised requisition sent by the GPSC would not be proceeded with. However, in light of the aforementioned order of the Hon'ble Supreme Court, the State Government would be proceeding with the appointment of 374 APPs in terms of the liberty granted by the Hon'ble Supreme Court in its order dated 20.02.2019."
3.1 The aforesaid averments in the affidavit was in light of the observations of the Supreme Court that after the State of Gujarat had made a statement that it would not proceed further in appointing the Page 2 of 3 C/SCA/10321/2018 ORDER candidates, it would be open for the State of Gujarat to seek permission of the High Court in case if any such statement is made. By filing aforesaid affidavit through Deputy Secretary, Legal Department, it was suggested on oath that the statement was made by the State since Letters Patent Appeal No.1029 of 2018 was pending.
3.2 The above stand was sought to be answered by the petitioners by filing affidavit dated 05th March, 2019. State filed further affidavit dated 06th March, 2019 in response to the additional affidavit of the petitioners.
4. Learned Government Pleader Ms.Manisha Lavkumar stated that given the context of what is stated in the affidavit about making of the statement in view of then pending Letters Patent Appeal which eventuality has now extinguished, State would proceed to make appointment of 374 candidates.
5. As observed by the Supreme Court, the appointments to be made shall be subject to the further orders which may be passed. It shall be subject to the further orders of the Supreme Court in the aforesaid Special Leave Petition as well as the order which may be passed in the present petition.
At the request of learned advocate Ms.Disha Nanavaty for learned advocate Mr.Mitul Shelat, stand over to 08th March, 2019.
(N.V.ANJARIA, J) Anup Page 3 of 3