L A MARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The main challenge in this petition under Article 226 of the Constitution of India is against the life of select-list for the post of Accounts Clerks prepared in the year 1984, and the petitioners have sought relief that the action of respondent No.1 in cancelling the select list be quashed and set aside.

(2.) This matter is very old. In fact, this matter was forming part of group of matters and, unfortunately, it could not be heard and finalised along with the group. During the course of hearing, learned advocate appearing for the petitioners has drawn the attention of this Court to a decision rendered by this Court (Coram: N.J.Pandya, J.) on 17/03/1992 in Special Civil Application No.7308 of 1989 and other allied matters, in which it has been held that the select list prepared in the year 1984 is subsisting. Consequently, observations are, also, made in the said decision of this Court.

(3.) It has been submitted on behalf of the petitioners that no fresh process, thereafter, has ever been taken up for recruitment and the same select list is directed to be kept alive until new list is prepared for the purpose of appointment to the said post of Accounts Clerks. It was, also, submitted that the said decision was questioned before the Division Bench in Letters Patent Appeal and the said appeal has been dismissed for default in prosecuting it further. It was, therefore, submitted that the earlier decision has attained finality in so far as direction to treat the said Select List operative until the new list is prepared for recruitment purpose is concerned. Learned advocates appearing for respondents have submitted that 18 years time has elapsed since the time of making of select list for the recruitment to the said post as it was prepared in 1984 pursuant to the advertisement given in the year 1982. Unfortunately, because of long intervening time, they have not been able to say as to what is the subsequent developments and status, qua the recruitment and resultant appointment to the said posts. However, it is contended that since long time has lapsed in between, this petition has lost its efficacy and utility.