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SCA/12267/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12267 of 2011
=========================================================
PARMAR
MAHESHKUMAR PUNJABHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KB PUJARA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/08/2011
ORAL
ORDER
On
26.8.2011, this Court passed following order in SCA No. 12267 of
2011 with SCA NO. 12266 of 2011 with SCA No. 12324 of 2011 with SCA
No. 12330 of 2011:
1. Heard
learned advocates Mr.Pujara and Mr.Japee for the petitioners and
learned AGP Mr. Sharma for respondent-State and Mr.R.P. Gupta,
Secretary of Primary Education Department, who is present before
this Court and who has tried to explain the situation.
2. The
main grievance of the petitioners is that the respondent authorities
have acted in haste, whereby the interest of the petitioners and
other candidates belonging to the reserved category is jeopardized
because of the action of permitting candidates belonging to reserved
category to enter into merit list in open category to be posted and
counted against the reserved category posts.
3. The
respondents have tried to explain that no injustice is caused to
anyone. In fact, the posts are district category posts and
meritorious reserved category candidates are given station of choice
by permitting them to be posted against the reserved category posting
and be counted as such. The resultant effect would be that the better
meritorious candidates from the reserved category would be selected
over a list of meritorious reserved category candidates. In any
event, it has not happened that appointment is given to the open
category candidates against the posts or vacancies of the reserved
category when discrepancies were indicated by the learned advocates
for the petitioners about the selection process held on 20th
August, 2011 being revised, it was indicated that there was an error
of judgment in calling the general category candidates and all posts
of open category could not be filled in and therefore, there was a
revision made which is also empathetically indicated that the number
of posts for reserved category candidates are being filled up and in
all probabilities more reserved category candidates will get
appointment.
4. In
light of the reversion situation, interim relief is required to be
granted at this stage. Let respondents file an appropriate affidavit
supporting their version. S.O. to 30th
August, 2011.
Today, when matters are taken up
by this Court, learned AGP Mr. Sharma has requested for some time.
Accordingly, matters are adjourned to 2nd September,
2011.
(H.K.
Rathod,J.)
Vyas
(H.K.
Rathod,J.)
Vyas
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