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CA/1724/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 1724 of 2011
In
SPECIAL
CIVIL APPLICATION No. 7972 of 2010
With
CIVIL
APPLICATION No. 1068 of 2011
In
SPECIAL CIVIL APPLICATION No. 7972 of 2010
=========================================================
MILAN
KALIDAS PATEL & 1 - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MUKUL SINHA for
Petitioner(s) : 1,DELETED for Petitioner(s) : 2,
MR MAULIK
NANAVATI AGP for Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 20/07/2011
ORAL
ORDER
Heard learned advocates appearing
for respective parties.
It is necessary to note that this
Court has passed an order in SCA 7972/2010 on 20/10/2010, which is
quoted as under:
“Heard
learned Advocate Mr.Sinha for the petitioners and learned AGP
Ms.Manisha Narsinghani for the respondent State.
Learned
AGP invited attention of the Court to an affidavit in reply filed by
one Shri Shankerbhai B.Garasia, Deputy Secretary, Education
Department, Sachivalaya, Gandhinagar.
RULE.
learned AGP Ms.Manisha Narsinghani waives service of Rule on behalf
of the respondent State.
Interim
relief in terms of para-9-(E).”
The above referred order has been
passed by this Court after hearing both learned advocates. The
prayer made in Civil application no. 1724/2011 in para 7(A) is
quoted as under:
“7(A)
That the Hon’ble Court be pleased to modify and/or clarify order
dated 20/10/2010 passed in Special Civil Application No. 7972/2010
as to mean that the said order is confined only to the extent of
subject matter of this petition i.e. to the extent of exclusion of
the candidates holding degree of B. P. Ed. or D. P. Ed. and that the
said order does not come in the way of respondents from considering
and making recruitment of other candidates pursuant to the orders
passed by this Hon’ble Court in other petitions where the challenge
to the recruitment is an other grounds.”
In light of prayer made by
applicant – Milan K Patel to the effect to modify and clarify order
dated 20/10/2010 passed in SCA no. 7972/2010. This being a case of
modification and clarification of order passed by this Court,
Registry is directed to place this matter before appropriate bench
who has passed order dated 20/10/2010.
In Civil Application no.
1068/2011, prayer made by State Government before this Court in para
5(B)(C), which are as under:
“5(B)
That the Hon’ble Court be pleased to vacate the interim relief which
is passed by this Hon’ble Court (Coram : Honourable Mr. Justice Ravi
R. Tripathi) dated 20/10/2010.
OR
ALTERNATIVE
(B)
That the Hon’ble Court be pleased to fix the aforesaid matter for
final hearing at the earliest as 317 posts vacant due to the
aforesaid stay order of this Hon’ble Court dated 20/10/2010.
(C)
For such other and further orders which may be deemed fit and proper
in the interest of justice.”
Both parties are having grievance
against order passed by this Court, therefore, let Registry may take
care of it and place these matter before appropriate bench who has
passed order dated 20/10/2010.
(H.K.RATHOD,
J)
asma
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