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SCA/437/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 437 of 2011
With
SPECIAL
CIVIL APPLICATION No. 438 of 2011
To
SPECIAL
CIVIL APPLICATION No. 454 of 2011
=========================================================
JAYESHKUMAR
MOHANBHAI ZALA & 17 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH PRINCIPAL SECRETARY & 4 - Respondent(s)
=========================================================
Appearance
:
MR
PARESH UPADHYAY with MS HARSHAL N PANDYA
for
Petitioner(s) : 1 - 18.
MR MAULIK G NANAVATI, AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/01/2011
COMMON ORAL ORDER
1. This
petition is to be tagged with Special Civil Application Nos. 438 to
454 of 2011.
2. Heard
Mr. Paresh Upadhyay, learned advocate for the petitioners. The
submissions made by him are that :-
(A) The
petitioners are Gram Rojgar Sevaks who have been working since 2008
and have experience of the work they are doing. The State Government,
by a Government Resolution dated 15.09.2010, has decided, as a matter
of policy, to increase the salary of the sanctioned posts shown in
the schedule attached to the resolution and to continue the
sanctioned posts upto 28.02.2014, and also to give 15% increase in
the salary every year to those who are working.
(B) Despite
clear stipulations of the State Government in the said Government
Resolution, respondent No.3 has misinterpreted the resolution and has
advertised all 13,715 posts of Gram Rojgar Sevak including the posts
on which persons like the petitioners are already working. Further,
by issuing corrigendum dated 04.01.2011, it is declared that the
merit list on the basis of the marks secured in the HSC examination
will be prepared and the hall tickets for appearing in the
examination will be issued on that basis. It is further stipulated in
the said corrigendum that the candidates who are not selected for
appearing in the on-line examination to be held from 18.01.2011 to
21.01.2011 will be refunded the amount paid by them for the hall
tickets. However, the said corrigendum is silent as to the criteria
on which the respondents propose to select the candidates for
appearance in the on-line examination.
(C) Except
one petitioner, all other petitioners have been issued hall tickets
for appearance in the on-line examination on their payment of
Rs.100/- each. Therefore, without prejudice to their rights and
contentions as taken in the petition, or as may be taken during the
course of hearing of the petition, the petitioners shall participate
in the said examination, if they are permitted to do so.
3. Mr. Maulik G. Nanavati, learned
Assistant Government Pleader states, upon instructions of Mr. H.N.
Chibber, Additional Commissioner, Rural Development who is present in
the Court, that without prejudice to the rights and contentions of
the State Government, those petitioners who are working on
contractual basis and who have not been issued hall tickets for
appearance in the on-line examination, shall be given hall tickets on
payment of an additional amount of Rs.300/- each. Upon making the
said payment, they shall be permitted to appear in the on-line
examination subject to their educational qualifications, meeting the
eligibility criteria and their possessing the minimum educational
qualification of HSC Certificate. The date and venue of the
examination shall be intimated to the petitioners by 19.1.2011.
4. At this stage, the learned advocate
for the petitioners states that the advertisement mentions that the
amount of Rs.100/- is to be paid for obtaining hall tickets, whereas
now, since the petitioners have approached this Court, the
respondents are demanding Rs.300/- more from each of them. It is
submitted that the petitioners shall deposit the excess amount,
without prejudice to the rights and contentions, subject to further
orders of the Court in this regard at an appropriate stage.
5. In view of the above and in keeping
with the statement made by the learned AGP, on instructions from Mr.
H.N. Chibber, Additional Commissioner, Rural Development, those
petitioners who have not been given hall tickets shall be given hall
tickets on payment of Rs.300/- each before the same authority, where
the amount of Rs.100/- has been deposited by them, subject to further
orders in this regard.
6. NOTICE
returnable on 01.02.2011. Mr. Maulik G. Nanavati, learned Assistant
Government Pleader waives service of notice for respondent Nos.1 and
2. In addition to the normal mode of service, Direct Service is also
permitted for the other respondents.
Any further action taken
by the respondents will be subject to final decision of the
petitions.
[SMT.
ABHILASHA KUMARI, J.]
mrpandya
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