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SCA/9989/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9989 of 2010
=========================================================
CHAUDHARY
MANSINHBHAI HIRABHAI & 4 - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================================
Appearance
:
MR
PS CHAUDHARY for
Petitioner(s) : 1 - 5.
MR N K RAVAL, ASST GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 26/08/2010
ORAL
ORDER
By
way of this petition the petitioner has prayed for the following
reliefs.
7(A) To
quash and set aside the final selection and appointment orders
available to the petitioners from the appointing authority at
Annexure A issued to the respondent no:5 to 7 pursuant to the
advertisement dated 03/08/2008 for the post of persons and to direct
for issuance of the re advertisement for the said post following fair
and legal procedure and appoint the suitable best eligible candidates
for the said posts;
(B) Pending
final hearing and disposal of this petition, to direct the respondent
authority to stop the respondent no: 5 to 7 from working in the said
posts;
(C) To
grant any other appropriate and just relief/s and also to grant costs
of this petition.
2. Learned
Advocate for the petitioner has mainly submitted that the selection
procedure is not proper and the persons who are selected have not
been possessed the requisite qualifications as required in the
advertisement. He, therefore, submitted that the petition may kindly
be allowed.
3. Heard
learned Advocate for the petitioner. Having regard to the fact that
the petitioners have participated in the selection but as they were
not succeeded and therefore it will not be proper to entertain this
petition. On the said aspect of the matter, the decision of the
Hon’ble the Apex Court reported in (2007) 8 SCC 279 in case of
S C Chandra & Ors. Vs. State of Jharkhand and Ors., and
reported in (2009) 3 SCC 227 in case of Amlan Jyoti Borooah Vs.
State of Assam and Ors., would certainly make the petitioner
disentitle to seek any relief by holding that a candidate who had
subjected himself to a faulty selection process could not question it
later on. Hence, only on this count the petition is dismissed
summarily.
(K
S JHAVERI, J.)
sompura
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