NARENDRAKUMAR GAURISHNKAR SHILU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Single Judge dated 26.4.2010 passed in Special Civil Application No.10064 of 2000. The appellant was the original petitioner. He had filed the said petition in following factual background: -

(2.) 4.1998, the petitioner submitted a representation to GPSC to reconsider the merit position allotted to him in the select list in terms of rule 16 of the Gujarat Civil Services Recruitment (Examination) Rules, 1980. The contention of the petitioner was that the candidates placed on Sr.Nos.5,6 and 7 were also alloted identical marks i.e. 443. However, the petitioner was elder to such candidates and, therefore, should have been placed ahead of them in the select list. On 14.4.1998 in response to the representation made by the petitioner, GPSC passed an order dated 14.5.1998 correcting his position in the merit list at Sr.No.7 instead of 7A previously alloted and simultaneously recommending him for the post of Deputy Executive Engineer (Class -II) in the Roads and Buildings Department ("R & B Department" for short). On 25.5.1998 the petitioner addressed a letter to the Secretary, R & B Department, Government of Gujarat and requested that in view of his revised position in the select list and the recommendation by GPSC, he be absorbed in R & B Department. The petitioner followed up the said representation by a reminder dated 11.6.1998. Since the petitioner did not receive any reply from the Government, he also made a representation to GPSC on 3.8.1998. In response to such representation GPSC conveyed to the petitioner under communication dated 9.9.1998 that his representation is forwarded to R & B Department. The petitioner made further representations to the Government till finally on 31.8.1999 the Government conveyed its decision to the petitioner that the Government has not accepted the recommendations of GPSC. After one more attempt to persuade the Government to absorb him in R & B Department, the petitioner filed the said petition and prayed that the communication of the Government dated 31.8.1999 be quashed and that the Government be directed to appoint the petitioner to the post of Deputy Executive Engineer in R & B Department as recommended by GPSC. 2. In response to the notice issued by the High Court, the Government filed its reply and in essence presented the following reasons for not accepting the recommendations of GPSC: -

(3.) LEARNED counsel Mr.Vaibhav Vyas for the appellant petitioner contended that the petitioner had all along shown preference for R & B Department. As per his merit position in the select list, he ought to have been absorbed in the said Department. Merely because there was some delay in correcting his merit position would not be a ground for declining such a request. He pointed out that even GPSC had recommended that petitioner be absorbed in R & B Department. The reasons cited by the Government for not accepting such recommendations have no basis. Counsel relied on the decision of the Division Bench of this Court in the case of D.G. Dalal vs. State of Gujarat reported in 2002(2)GLR 1011, in which large number of candidates selected by GPSC for Government posts had raised disputes about their absorptions in the departments other than that of their preferences.