PARTHIV TARUNKUMAR TRIVEDI Vs. ANJU SHARMA

JUDGEMENT

(1.) Heard Mr. Ekrama H. Qureshi, learned counsel appearing for the complainants and Mr. K.M. Antani, learned Assistant Government Pleader for the State.

(2.) The complainants have initiated this proceeding for alleged violation of the order dtd. 28/1/2020 passed in Civil Application No.2 of 2018 (For vacating interim relief) in Special Civil Application No.18863 of 2017.

(3.) Having heard learned counsels and on perusal of the case papers, we notice that the names of petitioners / complainants were recommended by Gujarat Public Service Commission for appointment to the post of Assistant Professor, Production Engineering, Government Engineering College after declaring the result on 20/6/2017. Pursuant to the same, the appropriate government issued a Notification No.GEC-112015-1234-GH dtd. 28/7/2017 appointing the complainants for being posted and to be put under the supervision of respondent No.2. In the meanwhile, the unsuccessful candidates who had approached this Court by filing Special Civil Application No.18863 of 2017 obtained an order on 11/10/2017, by which further process of recruitment was stayed. Present complainants who were not parties to the said proceedings viz. Special Civil Application No.18863 of 2017 filed an application for impleading and got themselves impleaded in the said proceeding and they also filed an application for vacating the stay. After considering the rival contentions, the learned Single Judge by order dtd. 28/1/2020 modified the order dtd. 11/10/2017 and held that the applicants were entitled for issuance of posting orders in accordance with their selection made and appointment order dtd. 28/7/2017. On these terms, Civil Application No.2 of 2018 came to be allowed. However, subsequently the appropriate government by order dtd. 4/2/2021 withdrew Notification No.GEC- 112015-1234-GH dtd. 28/7/2017 under which appointment of petitioners had been made. It is this notification which perforced the petitioners in Special Civil Application No.18863 of 2017 to withdraw the Special Civil Application, since notification dtd. 28/7/2017 appointing the petitioners itself had been withdrawn on 4/2/2021. It cannot be gainsaid by the complainants that by virtue of the said order dtd. 28/7/2017 which resulted in passing of the order dtd. 28/1/2020 by the learned Single Judge by directing the respondents to issue posting orders would be still operative. In other words, the order dtd. 28/7/2017 which culminated or resulted in the order dtd. 28/1/2020 being passed has got spent itself and nothing remains for the State or respondents. Hence, implementing the order dtd. 28/7/2017 by virtue of the order dtd. 4/2/2021 having been passed in Special Civil Application No.18863 of 2017 does not arise. In that view of the matter, continuation of contempt proceedings for alleged disobedience of the order dtd. 28/1/2020 which has got spent itself would not arise. The contempt proceeding stands dropped.