RAVAL TUSHARKUMAR MAHENDRAKUMAR vs STATE OF GUJARAT

Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Single Judge dated 05/04/2016 in Special Civil Application No.12310/2011 by which the learned Single Judge has dismissed the said petition, appellant herein - original petitioner has preferred the present Letters Patent Appeal.

At the outset, it is required to be noted that before the learned Single Judge the appellant herein - original petitioner prayed for the following reliefs;

(A) To direct the respondent to immediately issue an appointment order to the petitioner for the post of Assistant Livestock Inspector along with other candidates, as per the order dated 09/06/2010;

(B) To direct the respondent authorities to issue an appointment order forthwith and pay and continue to pay the wages of Assistant Livestock Inspector to the petitioner;

It is the case on behalf of the appellant - original petitioner before the learned Single Judge that as 164 posts were advertised, out of which 156 posts were filled in, and therefore, by operating the waiting list, the appellant - original petitioner ought to have been appointed. By the impugned order the learned Single Judge has rejected the petition by

observing that the original petitioner being in the waiting list cannot as a matter of right claim appointment, more particularly, when the validity period of the select list /waiting list has expired.

It is the case on behalf of the appellant herein - original petitioner that as such as the name of the appellant herein - original petitioner was included in the waiting list in the notification dated 09/06/2010, and therefore, at the time when the petition was filed the waiting list was in operation, as according to the appellant - original petitioner the same would be valid up to 09/06/2012. However, it is required to be noted that as such the required select list /waiting list was published on 20/02/2008, and therefore, the valid period as such would be for a period of two years from that date. However, it appears that as the name of the appellant herein - original petitioner was not included in the original select list /waiting list his name was included in the waiting list pursuant to the order passed by this Court and he was placed at Serial No.12- A, and therefore, subsequent notification dated 09/12/2010 can be said to be as such continuous of the select list /waiting list. Under the circumstances, submission on behalf of the appellant - original petitioner that the waiting list /select list would be operative up to 2012 cannot be accepted. Apart from that considering the factual aspect so stated in the affidavit-sur-rejoinder filed on behalf of the Department, it appears that out of 164 posts advertised only 88 posts were required to be filled in General category and remaining 11 posts were required to be filled up by the candidates belonging to Scheduled Caste and two posts by ST candidates and 42 posts for SEBC. It has come on record that as such all the 88 posts for General category candidates were issued the appointment orders and even subsequently 2 candidates did not join the same were filled in by operating the waiting list of General category candidates. The original petitioner was at Serial No.12-A. Under the circumstances, when all the posts, which were reserved or classified in the General category canddiates to which the petitioner belong were filled in even otherwise the petitioner was not entitled to appointment by operating the waiting list. Considering the aforesaid facts and circumstances of the case, we agree with the judgment and order passed by the learned Single Judge dismissing the petition. No interference of this Court is called for. Under the circumstances, present petition stands dismissed /disposed of.