PARMAR PRABHATBHAI MAFATLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS appeal, filed under Clause 15 of the Letters Patent, challenges the judgment and order dated 29th March 2004 passed by the learned Single Judge in Special Civil Application No.9262 of 1999 dismissing the said writ petition.

(3.) ONE Dodia Dilipbhai Prabhatsinh, who was also selected for the post of Talati cum Mantri filed a writ petition being Special Civil Application No.7323 of 1997 under Article 226 of the Constitution before this Court praying for issuance of direction to the respondent to exhaust the select list and keep it alive which is prepared in pursuance of advertisement dated 28/2/1991 for making appointments on the post of Secretary, Gram Panchayat till the new select list is prepared. It was his case that he was placed by the Selection Committee in the merit list at Sr. No.16, which has been prepared in the year 1992. He stated that in Bharuch district also the process has been undertaken for making the selection on the post of Secretary, Gram Panchayat / Talati-cum-Mantri etc. For this, advertisement was published in the year 1990. The said petitioner contended that as the State Government has put ban on appointments, he was not given appointment. It is the grievance of the said petitioner that the State Government as well as the Appointing Authority have acted arbitrarily and exhibited a clear example of the favouritism and nepotism in dealing with these matters and have made hostile discrimination in making the appointments. If the ban is there it is there throughout the State but what the petitioner submits, in Bharuch District the appointments have been made whereas in Kheda district the appointments have not been made. This action of the respondents what the learned counsel for the petitioner contended, as totally unconstitutional.