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CA/6937/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6937 of 2011
In
LETTERS
PATENT APPEAL No. 937 of 2011
In
SPECIAL CIVIL APPLICATION No. 15489 of 2004
=========================================================
RAJESH
LAXMANBHAI PATEL C/O LALUBHAI JAMALBHAI PATEL & 4 - Petitioner(s)
Versus
DISTRICT
PRIMARY EDUCATION OFFICER & 2 - Respondent(s)
=========================================================
Appearance
:
MR
AD DESAI for
Petitioner(s) : 1 - 5.LOPA M BHATT for Petitioner(s) : 1 - 5.
NOTICE
SERVED BY DS for Respondent(s) : 1 - 3.
MR HS MUNSHAW for
Respondent(s) : 1,
GOVERNMENT PLEADER for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 12/10/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
The
applicant appellant seeks stay of operation and execution of order
passed by Learned Single Judge dated 26.4.2010. Letters Patent Appeal
is already admitted. However, insofar as prayer of interim relief is
concerned, we do not find any reason to grant the same. By the
impugned order, Learned Single Judge was pleased to dismiss the
applicant’s petition seeking appointment as Vidhyasahayak. When the
petition is dismissed, there would be no purpose in granting the
interim relief as prayed for.
Counsel
for the applicant further submitted that there are several vacancies
to the post of Vidhyasahayaks which were advertised by the
respondents which selection process was in challenge before the
Learned Single Judge in the main petition.
Under
the circumstances, while not accepting prayer for interim relief as
prayed for, it is provided that if any vacancies out of the
originally notified post of Vidhyasahayaks have still remained
unfilled, five of them may be filled only subject to result of the
Letters Patent Appeal.
With
these directions, the application is disposed of.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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