JAVAL ATULKUMAR DAVE Vs. STATE OF GUJARAT
LAWS(GJH)-2023-2-1199
HIGH COURT OF GUJARAT
Decided on February 02,2023

Javal Atulkumar Dave Appellant
VERSUS
STATE OF GUJARAT Respondents

JUDGEMENT

- (1.)This petition under Article 226 of the Constitution of India is filed with following prayers :
"7. The petitioners pray that, on the basis of the facts and circumstances as mentioned hereinabove and which may be urged at the time of hearing, the Honourable Court may be pleased to issue a writ of mandamus or any other appropriate writ, order or direction to the respondent authorities and may be pleased to:

(A) direct the respondent authorities to undertake and complete further process of selection initiated pursuant to the Advertisement No.13/2021-2022 for the post of Additional Assistant Engineer (Civil), Class-III and declare the result forthwith,

(B) award the cost of petition, and

(C) pending admission and final disposal of this petition, the Honourable Court may be pleased to direct the respondent authorities to publish final result subject to outcome of pending petitions mentioned above;"

(2.)At the outset, it is necessary to observe that recruitment process, which the petitioner seeks direction to be completed, is the subject matter of litigation by those candidates, who do not possess required educational qualification as per the Rule and Advertisement and writ petitions being Special Civil Application No.5397 of 2022 and Special Civil Application No.5620 of 2022 are filed and are pending in connection with the cut off date of submission of online application, whereas Special Civil Application No.8535 of 2022 and Special Civil Application No.6831 of 2022 are filed by the candidates, who have requisite degree qualification after cut off date.
(3.)In this petition, this Court has passed an order on 16/3/2022 and 17- 03-2022 respectively permitting the petitioners therein to participate in the recruitment process. It is also evident from the record that petitioners themselves have filed Civil Application No.2 of 2022 in Special Civil Application No.5397 of 2022 for joining them as party respondents to the aforesaid petitions, which according to the learned Advocate for the petitioners is allowed and the petitioners are permitted to participate in the aforesaid petitions as interested parties.


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