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CA/7121/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 7121 of 2011
In
SPECIAL
CIVIL APPLICATION No. 5862 of 2010
=========================================================
DEVARE
SONALI SHALIGRAM - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KB PUJARA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) : 2,
MR NILESH A PANDYA for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2011
ORAL
ORDER
Heard
learned Advocate Mr. KB Pujara for applicant, learned AGP Mr. AL
Sharma for opponent NO.1 and 2, learned Advocate Mr. Nilesh Pandya
for opponent NO.3.
This
application is preferred by applicant with a prayer to direct
respondents and particularly respondent no.3 to forthwith give order
of appointment to petitioner as Marathi Vidya Sahayak pursuant to
advertisement dated 22nd December, 2009 issued by
respondent no.3 wherein petitioner is only candidate who has applied
in response to three vacancies notified for post of Marashi
Vidyasahayak. He has relied upon order passed by this Court in
Special Civil Application NO. 5862 of 2010 dated 23rd
June, 2010 wherein, while issuing rule, this Court has granted
interim relief in terms of para 13(c) of petition, after hearing
other side. Learned Advocate Mr. Pujara for petitioner submitted
that petitioner is entitled for appointment on post of Vidya
Sahayak. Learned Advocate Mr. Pandya for respondent no.3 submitted
that advertisement is not issued for post in question for which
petitioner is claiming. If that be so, it is open for respondent
no.3 to approach learned Single Judge for modification of interim
order or challenge said interim order before higher forum. For that
purpose, matter is adjourned to 29th July, 2011. If
respondent no.3 is not able to get any order on or before 29th
July, 2011, then, respondent no.3 shall have to comply with interim
order passed by this Court on 23rd June, 2010 in Special
Civil Application No. 5862 of 2010.
(H.K.
Rathod,J.)
Vyas
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