SCA/5498/1990 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5498 of 1990 For Approval and Signature: HONOURABLE MR.JUSTICE A.L.DAVE ========================================================= 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 ? ========================================================= H B HIRPARA & 1 - Petitioners Versus EMPLOYMENT OFFICER & 1 - Respondents ========================================================= Appearance : MR NIKHIL S. KARIEL, Advocate,for TANNA ASSOCIATES for Petitioners MR KRUNAL D.PANDYA, AGP, for Respondents ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 13/02/2008 ORAL JUDGMENT The petitioners were aggrieved on account of non-inclusion of their names in the list of persons to be interviewed for the post of Food Inspector, Class-III under respondent No.2. The two petitioners SCA/5498/1990 2/3 JUDGMENT were rankers in the University in the examination of B.Sc. in Food Technology. They have sought following reliefs in the petition : “12. The petitioners, therefore, pray that in view of the facts and circumstances mentioned above, Your Lordships may be pleased to issue a writ of certiorari, mandamus or any other appropriate writ, direction or order : (A) quashing and setting aside the select list which is prepared by respondent No.2 for the post of Food Inspector, Class-III and published in the Notice Board in the month of July, 1990; (B) declaring that the act of respondent No.1 of not sending the names of the petitioners to respondent No.2 was illegal and arbitrary; (C) declaring that the act of respondent No.2 of not calling the petitioners for interview in spite of sending their names by the Gujarat Agricultural University, Dantiwada and taking into consideration other criteria which are not mentioned in the Recruitment Rules for the concerned post was illegal and arbitrary; (D) granting such other and further reliefs and passing such other and further orders as the circumstances of the case may require; (E) awarding the costs of this petition. SCA/5498/1990 3/3 JUDGMENT 13. During the pendency and final disposal of this Special Civil Application, Your Lordships may be pleased to make an order: (A) staying the implementation of the select list for the post of Food Inspector, Class- III which was prepared and published on the Notice Board in the month of July, 1990.” 2. Initially, by an order dated 31st July, 1990, ad- interim relief was granted directing the respondents not to operate the select-list prepared for the post of Food Inspector, Class-III, which was notified in the month of July, 1990. The said ad-interim relief was ordered to be continued till 12.10.1990 by an order dated 5thth October, 1990. 3. Learned advocate Mr.Kariel appearing for Mr.Tanna, states that despite of many attempts, it is not possible for him or his office to contact the petitioners, nor have the petitioners ever contacted them after initial stage when the orders were passed. The petitioners were job-seekers in the year 1990 when the petition was filed. Eighteen years have passed by. Their whereabouts are not known and the reliefs that they are seeking, may not be possible now to be granted, as they may be age-barred now. In this set of circumstances, the petition stands disposed of as having become infructuous. Rule is discharged. No costs. Right to revive the petition in case of difficulty is reserved to parties. (patel) [A.L.DAVE,J.]