High CourtsSingle Bench

MUKESH ANANDRAO PATIL & ORS. vs STATE OF GUJARAT & ORS.

Gujarat High Court · Decided on 9 January 2017 · Citation: (2017) 01 GUJ CK 0199

HON’BLE JUDGES
J.B.Pardiwala
CASE NUMBER
11038 of 2014

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Judgment

21 paragraphs · 417 words
1.

By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs;

(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or

direction and direct the respondents to de-reserve the backlog vacancies which were reserved for Scheduled Caste, Scheduled Tribe and other

backward caste candidates by way of conversion and further be pleased to direct the respondents to fill up the unfilled reserved vacancies for the

post of Vidhya Sahayak for Marathi Medium on the basis of open merit from among the applicants who have applied for the post in question in

pursuance of the advertisement no.VSBh- 02/2014 Primary Department (Std 1 to 5- Other Medium);

(B) The Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or

direction and direct the respondents to declare atleast 51% seats for Open Merit Category Candidates.

(C ) Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to direct the respondents their agents, servants

and subordinate officers to direct the respondents to dereserve the backlog vacancies which were reserved for Scheduled Caste, Scheduled Tribe

and other backward caste candidates by way of conversion and further be pleased to direct the respondents to fill up the unfilled reserved

vacancies on for the post of Vidyasahayak for Marathi medium the basis of open merits from among the applicants who have applied for the post

in question in pursuance to the Advertisement no.VSBh-02/2014 Primary Department (Std. 1 to 5 - Other Medium)

(D) Pending admission and final disposal of this petition, Your Lordships may be pleased to direct the respondents, their agents, servants and

subordinate officers to direct the respondents to accept the form of the Petitioners and consider them as eligible Candidates for the post of

Vidyasahayak.

(E ) Your Lordships may be pleased to pass any other and further relief as may be deemed fit and proper in the interest of justice

2.

For the reasons recorded in the judgment and order passed today in the Special Civil Application No.179 of 2010 with Special Civil

Application No.180 of 2010, this application is also allowed.

4.

The prayer in terms of para-8(B) is granted and the respondents are directed to act accordingly. Rule is made absolute to the aforesaid extent.

Direct service is permitted.