NAGINDAS KESHAVLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this petition under Article 226 of the Constitution of India, the petitioner has prayed for directions to respondent No.1 (State Government) to recommend his name for appointment as Notary, pursuant to advertisements published in various newspapers on different dates, in various parts of the State, and thereafter, to appoint him as Notary.

(2.) The brief factual background, as stated in the petition and discernible from the documents on record is that, the petitioner joined service in the Revenue Department in the year 1955. He was promoted as Deputy Mamlatdar on 01.06.1967. The petitioner performed duties as Deputy Mamlatdar and Executive Magistrate, and was promoted as Mamlatdar, in which capacity he worked till his superannuation, on 29.02.1992. According to the petitioner, he was assigned duties as in-charge Magistrate during his service career. The assertion of the petitioner is that he has performed duties of an Executive Magistrate and in-charge Magistrate for a long period of time during his career, which means that he was a member of the Judicial Service.

(3.) The State Government issued advertisements in the daily Newspaper Gujarat Samachar , which were published on various dates, namely, 09.06.2009, 22.08.2009, 29.08.2009 and 17.09.2009, for appointment of Notaries in various parts of the State. Applications were invited from eligible candidates in the prescribed form. Two appointments as Notary were to be made from the area of Kalavad (District: Jamnagar), where the petitioner resides. The petitioner filled in his form for appointment as Notary for Kalavad, and submitted the same on 05.10.2009. The petitioner was called for a personal interview at Gandhinagar on 03.12.2009, by interview call letter dated 16.11.2009.