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SHAIKH ASMINABANU ISMAILBHAI vs STATE OF GUJARAT & ORS

Gujarat High Court · Decided on 9 January 2017 · Citation: (2017) 01 GUJ CK 0013

HON’BLE JUDGES
J B Pardiwala
ACTS & SECTIONS REFERRED
<a href=3998>Constitution of India</a>, <a href=3998-226>Article 226</a> - Power of High Courts to Issue certain writs
RESULT
Allowed
CASE NUMBER
1737 of 2013
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Judgment

6 paragraphs · 335 words
1.

By this writ application under Article 226 of the Constitution of India, the writ applicant has 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 directing the Respondent Authorities to de-reserve the backlog vacancies which were reserved for Scheduled Caste, Scheduled Tribe and SEBC category candidates by way of conversion and further be pleased to direct the respondent School Board to fill in the unfilled reserved vacancies for the post of Vidhya Sahayaks for Urdu Medium on the basis of open merit from amongst the applicants who have applied for the post in question in pursuance to the advertisement dated 21.12.2009;

(B) Such other and further relief that is just, fit and expedient in the facts and circumstances of the case may be granted."

2.

On 6th December, 2013, the following order was passed; "1. Heard Mr.Shukla, learned advocate for the petitioner, Mr.Rakehs Patel, learned Assistant Government for the respondent-State and Mr.Pandya, learned advocate for respondent no.3.

2.

In Paragraph No.3.10 of the petition, the petitioner has averred, inter alia, that:-

3.

10 The petitioner submits that on identical issues, petitions being Special Civil Application Nos.3647 of 2010, 13924 of 2009, 179 of 2010 and 180 of 2010 are pending before this Hon''ble Court for final hearing. 3. In view of the said submission, which is not controverted or disputed by the respondents, below mentioned order is passed:- RULE. To be heard with Special Civil Application Nos.3647 of 2010, 13924 of 2009, 179 of 2010 and 180 of 2010." 3. 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-10(A) is granted and the respondents are directed to act accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.