KURIAN,J. - (1.) The appellants approached this Court, aggrieved by the Judgment dated 07.10.2016 passed by the High Court of Gujarat in LPA No. 406 of 2016. The issue pertains to the appointment of Drivers in the Subordinate Courts in the State of Gujarat. There is no dispute that the appellants had already been selected, five of them in the General category and one in the Socially and Economically Backward Category (SEBC). However, on account of the peculiar system of operation of the option, the appellants could not be adjusted since the High Court applied only the first option.
(2.) According to the appellants, the very concept of option is that, in case the first option is not available, naturally the consideration should have been given to the second and third, since the three districts were permitted to be opted.
(3.) When the matter was being heard by this Court, it was noticed that the High Court had initiated a fresh process of selection in respect of 24 vacancies of drivers. In that background, on 05.04.2018, this Court passed the following order:- "Mr. Nikhil Goel, learned counsel appearing on behalf of the High Court of Gujarat, produced a statement showing the Cadre and Categorywise vacancies for the post of Driver on the establishment of the Subordinate Courts, in the State of Gujarat, as on 17.04.2017. The said statement shows 24 posts of the Drivers are available. All the 24 posts are now notified for being filled up. Having regard to the totality of the facts and circumstances, we are of the opinion that the interest of justice would be met if the appellants are adjusted to any of the 24 pots. Mr. Goel, learned counsel, seeks two weeks' time to get instruction and to file an affidavit in that regard. Call on 19.04.2018.";