D G DALAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Through these 16 Special Civil Applications, the petitioners have sought to challenge the allotment of posts made to the concerned respondents or no allotment and the method of allotment or assignment of preference in the Gujarat Civil Services and have sought a direction for allotment afresh or re-allotment on the vacant posts and for that purpose, Rule 9 of the Gujarat Civil Services Recruitment (Examination) Rules, 1980 has also been challenged in Special Civil Applications Nos.931 of 1992, 5705 of 1996, and 3590 of 1990 to be ultra vires of Articles 14 and 16 of the Constitution of India.

(2.) It may be mentioned that in Special Civil Applications Nos.3597 of 1990, 5705 of 1996, 1662 of 1989 and 931 of 1992, there is no challenge to the allotment in favour of the concerned respondents, but the petitioners therein have claimed the post of their preference only.

(3.) During the course of hearing of these petitions on 29th June 2001, Mr.P.V.Hathi, learned Counsel for the petitioners submitted a statement prepared on the basis of the instruction received from the respective petitioners whom he represents. As per this statement, the petitioner in Special Civil Application No.478 of 1990 of 1990, namely, Mr.D.G.Dalal and the petitioner in Special Civil Application No.614 of 1990, namely Mr.Haresh Darji who were allotted to Class-II post of Assistant District Registrars in the year 1990 have already been promoted to Class-I post of District Registrar in Gujarat Co-operative Service and they are, therefore, not interested in getting their original allotment changed. They are, therefore, not interested in prosecuting the petitions referred to above and hence, both these petitions are required to be rejected as not pressed and the Rule issued therein is hereby discharged with no order as to costs.