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SCA/5502/2008 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5502 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
SHALINI
ASHUTOSH RANKAWAT - Petitioner(s)
Versus
GUJARAT
PUBLIC SERVICE COMMISSION & 3 - Respondent(s)
=========================================================
Appearance
:
MR
PARESH UPADHYAY for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 4.
MR DG
SHUKLA for Respondent(s) : 1,
MR JASWANT K SHAH AGP for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 05/04/2010
ORAL
JUDGMENT
1.0 By
way of present petition, the petitioner has prayed to quash and set
aside the decision of the Gujarat Public Service Commission of
holding that the petitioner is not possessing the requisite
experience, as prescribed under the rules for appointment on the post
of Assistant Professor (Instrument Control) as contained in its
communication dated 20.02.2008.
2.0 It
is the case of the petitioner that in pursuance of the advertisement
dated 03.06.2006 inviting application for the recruitment on the post
of Assistant Professor ( Instrumentation and Control), the petitioner
has applied for the same as she is eligible for the same. Thereafter,
the petitioner has appeared at the oral interview and she was
informed that she was selected for the post. The petitioner was
issued appointment order and therefore, the petitioner joined her
service on 09.07.2007. After joining the service, respondent No. 4-
Principal raised objections regarding age, educational qualification
and experience of the petitioner. Thereafter, on 15.03.2008,
petitioner was issued notice for giving opportunity of submitting
explanation. Hence, this petition.
3.0
Matter was admitted vide order dated 04.09.2008 and ad-interim relief
was granted to the petitioner.
4.0
Learned advocate for the petitioner submitted that during the
pendency of the petition, the reply of the petitioner was considered
by the Government in its right perspective and an order was passed on
01.06.2009 by the Government accepting the say of the petitioner. He
further submitted that the petitioner has completed her probation
period of service and the order is passed by the Government on
09.02.2010. In view of these two orders, the petitioner does not
have any grievance and according to the petitioner, the prayer
clauses 6(B) and (C) stood allowed.
4.0 As
a result of hearing and considering the submission made by learned
advocate for the petitioner, the Education Department, Gujarat State
vide order dated 09.02.2010 the petitioner was continued in service.
However, the respondent No. 1- Commission has not given approval. If
any grievance or issue is raised by respondent No. 1 Commission,
it will be open to the petitioner to revive the petition. With the
above clarification, petitioner stands disposed of. The party will be
governed by the decision of the State Government . With the above
direction, petition stands disposed of. Rule is discharged with no
order as to costs. Interim relief, if any, stands vacated.
(K.S.JHAVERI,
J.)
niru*
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