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SCA/8616/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8616 of 2010
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PATEL
KANUBHAI DHULABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
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Appearance
:
MR
KB PUJARA for Petitioner(s) : 1,
Mr.NIRAG PATHAK, ASST GOVERNMENT
PLEADER for Respondent(s) : 1,
NOTICE SERVED BY DS for
Respondent(s) : 2,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/10/2010
ORAL
ORDER
Learned
advocate Mr.K.B. Pujara tenders additional affidavit on behalf of the
petitioner.
On 6th
September 2010, this Court passed order, the relevant part of which
reads as under:
2. The
learned advocate for the petitioner invited attention of the Court to
the factor of non-application of mind in the matter of recruitment to
the post of Lecturer in Physical Education. The learned advocate
invited attention of the Court to an important fact that in the year
1985, Bachelor in Physical Education was recognised as an independent
branch and that being so, in the matter of recruitment to the post of
Lecturer in Physical Education, maximum weightage was required to be
given to the qualification of Bachelor in Physical Education, and
post- graduation in Physical Education. As against that, recruitment
rules are so framed that it gives weightage to the graduates of other
streams, namely Commerce, Art and Science. Similarly doing
post-graduation in those three traditional branches, are given
weightage which is not required.
3. The learned
advocate for the petitioner invited attention of the Court to a
communication dated 5.8.1988 issued by the Director of Higher
Education addressed to all the District Education Officers of the
State, therein, it is specifically mentioned that now, graduates in
Physical Education are available, they are to be treated at par with
graduates.
When this Court
was about to pass an interim order, learned Assistant Government
Pleader prayed for some time to take further instructions in the
matter. Time was granted. The matter was kept on 13th
September 2010. Besides that it was understood that the authorities
will not proceed further in the matter of recruitment of lecturer in
Physical Education.
2. Learned
advocate Mr.Pujara invited attention of the Court Annexure ‘K’ which
is filed along with additional affidavit which is filed today. It is
a print out of the information available on the website of Gujarat
Council for Educational Research and Training (GCERT). The
information is as on 1st October 2010. The information is
depicting that 150 candidates are called for ‘selection of place of
posting’. Of them, candidates at serial nos.138 to 150 are for the
post of lecturer in Physical Education. Learned advocate Mr.Pujara
submitted that this is in breach of an assurance given to this Court
that the authorities will not proceed further in the matter of
recruitment of lecturer in Physical Education.
Learned
Assistant Government Pleader Mr.Pathak requested that a day’s time be
granted to enable him to take instructions and to impress upon the
authorities that once a statement is made before the Court they
should not proceed further in breach of that assurance. To avoid any
further complexity in the matter and to deprive the respondents from
putting forward an argument that now that the candidates are already
appointed and they have selected place of postings, the matter may be
admitted and at the final hearing, if it is found that it is not in
accordance with law, it may be quashed and set aside, interim orders
are passed in the matter.
3. The
respondent-authorities are restrained from undertaking an exercise of
giving selection of place of posting to the candidates for being
appointed as lecturer in Physical Education. The exercise which is
scheduled for today and tomorrow, the 4th and 5th
October 2010 be not undertaken so far as the appointment to the post
of lecturer in Physical Education is concerned.
4. Adjourned to
11th October 2010. The Registry is directed to
communicate this order to Gujarat Council for Educational Research
and Training (GCERT), respondent no.2 herein immediately. Direct
service is permitted. A copy of this order be made available to
learned Assistant Government Pleader, Mr.Pathak for its onward
communication for compliance.
(RAVI
R. TRIPATHI, J.)
karim
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