SCA/26211/2007 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 26211 of 2007 With SPECIAL CIVIL APPLICATION No. 26212 of 2007 To SPECIAL CIVIL APPLICATION No. 26261 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= DEEPA V AGRAWAL - Petitioner(s) Versus THE STATE OF GUJARAT & 3 - Respondent(s) ========================================================= Appearance : MR NK MAJMUDAR for Petitioner(s) : 1, MR SUNIT SHAH, GP, WITH MR SHIVANG SHUKLA, AGP, IN SCA Nos.26211/07 to 26235/07 AND MS. TRUSHA PATEL, AGP, IN SCA Nos.26236/07 to 26261/07 for Respondent(s) : 1, None for Respondent(s) : 2 - 4. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 06/02/2008 ORAL JUDGMENT SCA/26211/2007 2/3 JUDGMENT 1. Upon hearing the learned advocate appearing for the petitioners and Mr. Sunit Shah, learned GP, it appears that there is no dispute on the aspect that the present case is covered by the Judgment of this Court dated 09.01.2008 in Special Civil Application No.11170/07 and allied matters. 2. As such, all the matters were to be listed on Board for final disposal. However, as the office could not trace the papers at the relevant point of time, the matters could not be notified and therefore, the matters were not covered in the said decision. It is not in dispute that all the contentions which arise in the present petition for consideration are covered by the decision in the above referred Judgement. Hence, no further discussion is required. 3. In view of the Judgement dated 09.01.2008 in Special Civil Application No.11170/07 and allied matters, the Resolution of the Government dated 29.03.2007 shall stand quashed and set aside. Similarly, in case of Doctors who are appointed by the Corporation, the contention of the Corporation is that in view of the impugned Resolution of the State Government and the policy permitting private practice, such is adopted by the Corporation. Therefore, the same consequence would follow inasmuch as since the SCA/26211/2007 3/3 JUDGMENT policy of the State Government and the impugned Resolutions are quashed and set aside, the service conditions of all in-service Doctors working with the Corporation would remain as it existed prior to the impugned policy. 4. Petitions are allowed to the aforesaid extent. Rule made absolute accordingly. (JAYANT PATEL, J.) *bjoy