Gujarat High Court Case Information System
Print
SCA/13290/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13290 of 2008
=========================================================
RATANSINH
MODJIBHAI CHAVDA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MURALI N DEVNANI for
Petitioner(s) : 1,
MS KRINA CALLA AGP for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 24/10/2008
ORAL ORDER
The
petitioner, by way of this petition, has prayed for following
reliefs.
?S
(A) Admit Special Civil Application
(B)
Be pleased to allow present Special Civil Application by issuing writ
of mandamus, or any other writ in the nature of mandamus or order or
direction, directing respondents authorities to grant an opportunity
to the petitioner for rechecking of answer sheet as per his
representation dtd.16-10-2008.
(C) Be
pleased to direct respondent authorities to consider his
representation dtd.13th March, 2008.
(D) Be
pleased to hold action of respondent authority of not responding
representation dtd.13-3-2008 and 16-10-2008 before issuance of
further promotions to the post of P.S.I. Is arbitrary, illegal, and
contrary to provisions of law.
(E) Pending
admission, and final hearing of this petition, Be pleased to direct
respondents authority to issue promotion order to the petitioner to
the post of P.S.I. considering earlier merits list subject to
outcome of the present petitioner in the interest of justice.
(F) Any
other and further relief/s may kindly be granted in the interest of
justice.??
The
facts of the case are that the petitioner was appointed as Constable
in year 1979 and thereafter he was given Grade-II promotion and
subsequently he was promoted as A.S.I. in the year 2000. Thereafter
he appeared in departmental examination for post of PSI and faced
physical examination and oral interview. However, he did not get
promotion. He thereafter made several representations to the
authority to that effect. It is the case of the petitioner that he
did not get promotion to the post of PSI since year 2008. Again
examination was conducted for filling in 123 posts of Unarmed PSI in
which petitioner also appeared but did not get promotion. He,
therefore, made representation to the authority seeking rechecking
of his answer sheet. However, he did not get any reply and,
therefore he approached this Court by way of the present petition.
Heard
the learned advocate for the petitioner and gone through the records
of the case. This Court is of the opinion that petition is
misconceived since no such prayer can be granted under Article 226
of the Constitution of India. The petition being devoid of merits
requires to be dismissed and is dismissed accordingly.
(K.S.JHAVERI,
J.)
Amit/-
Top