SAGAR YOGESHKUMAR NATHALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed seeking quashing and setting aside the communication dated 17.11.2006 passed by the respondent Nos. 2 and 3.

(2.) The brief facts of the case are as under:

(3.) Learned advocate Mr.K.B.Pujara for the petitioner submitted that the aforesaid stand of the respondent Nos.2 and 3 is contrary to the record and if the selection list / waiting list prepared by the Staff Selection Committee, vide Resolution No.54 dated 31.12.2001 was to operate only for a period of two (2) years, then the candidates namely Geeda Jagdishkumar Bachubhai and Desai Hargovindbhai Lalbhai could not have been given appointment on 01.10.2004 on the said post. He submitted that the said appointment having been given on 01.10.2004 that means the selection list / waiting list dated 31.12.2001 was not intended to be valid for two (2) years only but in fact it has been operated even after a period of two (2) years as the period of two (2) years had expired on 31.12.2003 and the said appointment is given from the said list on 01.10.2004. Thus, he submitted that the appointment has been given after completion of two (2) years and their appointment is required to be set aside.