SCA/4398/1988 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4398 of 1988 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 ? ========================================================= G N PATEL & 1 - Petitioners Versus STATE OF GUJARAT & 1 - Respondents ========================================================= Appearance : MR SHALIN N MEHTA for Petitioner : 1,NOTICE UNSERVED for Petitioner(s) : 2, MR KRUNAL D PANDYA, AGP for Respondents. ========================================================= CORAM : HONOURABLE MR.JUSTICE A.L.DAVE Date : 18/02/2008 ORAL JUDGMENT The petitioners were working as Junior Clerks in the Office of the Director of Higher Education. They competed in the competitive examination and came to SCA/4398/1988 2/5 JUDGMENT be selected and appointed to the posts of Statistical Assistant in the year 1983. The said selection was made as per the recruitment Rules of 1972. The petitioners were sought to be reverted to the posts of Clerk by order dated 30th August, 1988 on the ground that they did not possess the requisite qualifications. The petitioners, therefore, approached this Court with this petition and were granted interim relief, which runs as under: “Rule. Heard the parties with regard to interim relief. In the facts and circumstances of the case it would be proper to grant interim relief in terms of paragraph 15(bb) even though it is in the shape of mandatory direction. Such interim relief has become necessary on account of the fact that the petitioners' services as Statistical Assistant are sought to be put to an end on the ground that while making their selection, the selection committee had erred in considering them eligible. Be it noted that the selection had taken place sometime in the year 1983. Thus, after a lapse of about 5 to 6 years, the petitioners can not be told that there was some mistake on the part of the selection committee and, therefore, their services should be brought to an end. For the aforesaid reason, the interim relief in the mandatory form has SCA/4398/1988 3/5 JUDGMENT become necessary. Hence, interim relief in terms of Para 15(bb) of the petition.” 2. It appears that Special Civil Application No. 1302/1983 was preferred by two Senior Clerks working in the Office of the Director of Higher Education, wherein the petitioners were joined as party- respondents No.9 & 6 respectively. In the said petition, the validity of the select-list, by which the petitioners were selected for the posts of Statistical Assistant in the year 1983, was challenged. In that petition, an order was passed on 14.11.1984, which runs as under : “Interim relief is modified as follows: If any appointment to the post of Statistical Assistant is made on the basis of the impugned select-list, such appointment will be subject to the result of this petition and the final order that may be passed by this Court.” 3. By virtue of interim protection granted by this Court in this petition, the petitioners continued to the posts of Statistical Assistant and in due course, got promotion to the posts of Head Clerk by an order dated 22nd February, 1999. However, the order dated SCA/4398/1988 4/5 JUDGMENT 14th November, 1984 passed in Special Civil Application No. 1302/1983 continued to operate. Therefore, continuance of the petitioners on the posts of Statistical Assistant by virtue of the select-list impugned in that petition was subject to that order. 4. It appears that Special Civil Application No. 1302/1983 came to be disposed of on 6.7.1993 by passing the following order : “It has been stated at the Bar by the learned advocates for the respective parties that since the petition has become infructuous, the same does not survive. In this view of the matter, this petition stands disposed of accordingly. Rule discharged. Interim relief stands vacated. No order as to costs. (K.J.Vaidya,J.)” 5. The upshot of the above development would be that in absence of any other challenge, the selection, appointment and posting of the petitioners to the posts of Statistical Assistant would attain finality by virtue of said order dated 6.7.1993 passed in Special Civil Application No. 1302/1983, as SCA/4398/1988 5/5 JUDGMENT the said order removes qualification to the appointment made on the basis of the select-list impugned therein. The cause of action for the petitioners for the reliefs sought in this petition also would not survive, as reversion order dated 30th August, 1988 was founded on the order passed in Special Civil Application No. 1302/1983, which, as aforesaid, was disposed of on 6.7.1993 as having become infructuous. Subsequently, petitioner No.1 has been promoted to the post of Head Clerk. The petition, therefore, stands disposed of as having become infructuous. Rule is discharged. Interim relief would stand vacated. No orders as to costs. [A.L.DAVE,J.] (patel)