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SCA/7168/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7168 of 2011
=========================================================
JOSHI
KEYURKUMAR MAHESHKUMAR & 22 - Petitioner(s)
Versus
STATE
OF GUJARAT THRO SECRETARY & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PR ABICHANDANI for
Petitioner(s) : 1 - 23.MR VAIBHAV A VYAS for Petitioner(s) : 1 -
23.
MR.MAULIK G. NANAVATI, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 17/06/2011
ORAL
ORDER
1. This
petition, under Article 226 of the Constitution of India, has been
filed, with the following prayers :-
“7. The
petitioners respectfully pray that, on the basis of the facts and
circumstances as mentioned hereinabove and which may be urged at the
time of hearing, the Honourable Court may be pleased to issue a writ
of mandamus or any other appropriate writ, order or direction to the
respondent authorities and may be pleased to:-
(A) direct
the respondent authorities to consider the case of the petitioners
for appointment and also give appointment to the petitioners, on the
posts of Assistant Public Prosecutors, Class-II which have remained
vacant, pursuant to the advertisement No: 15 of 2008-09, and
(B) Pending
admission and final disposal of this petition the Honourable Court
may be pleased to direct the respondent authorities to consider the
case of the petitioners for appointment, on the posts of Assistant
Public Prosecutor, Class-II which have remained vacant, pursuant to
the advertisement No:15 of 2008-09, and
(C) award
the cost of this petition, and
(D) grant
any other relief or pass any other order which the Honourable Court
may consider as just and proper in the facts and circumstances of the
case.
2. Briefly
stated, the case of the petitioners is that their names are figuring
in the waiting-list prepared by respondent No.2 (Gujarat Public
Service Commission). After the appointment of 199 persons as
Assistant Public Prosecutors, from the select-list, about 18 posts
are still lying vacant, but the waiting-list is not being operated
for filling up the said vacancies. Aggrieved thereby, the
petitioners have approached this Court by filing the present
petition.
3. Mr.
Vaibhav A. Vyas, learned advocate for the petitioners has submitted
that some of the petitioners have made a representation to respondent
No.1 on 09.04.2011, upon which no decision has been communicated to
the petitioners so far. It is emphasized by the learned advocate for
the petitioners that the waiting-list shall expire on 23.07.2011, and
if the representation is not decided at an early date, the right of
the petitioners for consideration for appointment would suffer. It
is, therefore, prayed that the interest of justice would be met, if
respondent No.1 is directed to consider and decide the said
representation, within a time-bound period.
4. Upon
the above statement being made by the learned advocate for the
petitioners, the following order is passed:-
(a) Respondent
No.1 is directed to consider and decide the representation dated
09.04.2011 made by some of the petitioners, in accordance with law
on, or before, 08.07.2011.
(b) The
decision, when made shall be communicated to the petitioners.
It
is made clear that while passing this order, the Court has not
entered into the merits of the case.
5. The
petition is disposed of, in the above terms.
Direct
Service of this order is permitted.
(Smt.
Abhilasha Kumari, J.)
Safir*
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