STATE OF GUJARAT Vs. J C PARMAR

JUDGEMENT

(1.) The present appeal is directed against the order dated 16.9.2004 passed by the learned Single Judge in Special Civil Application No.9046 of 1997, whereby the learned single Judge, for the reasons recorded in the order, has allowed the petition and has directed to accept the candidature of the petitioner for the post of Assistant Engineer and to consider his case for appointment as recommended by GPSC.

(2.) The short facts of the case appear to be that the petitioner is belonging to Scheduled Caste and he was working as clerk on compassionate basis with the Government. On 30.4.1996, advertisement was published, inviting applications for the post of Assistant Engineer (Civil) reserved for SC/ST. On 13.12.1996, letters were sent for interview and 'no objection' from the existing employer was to be submitted. On 3.2.1997, the petitioner remained present before the Commission and interviews were conducted and on 17.3.1997, the result was published, wherein the name of the petitioner was at Sr. No.7 in the select list. On 25.3.1997, GPSC allotted the name of the petitioner to the post and the same was communicated to the petitioner by GPSC. In June 1997, the petitioner came to know that the persons selected along with him were appointed by the Government, but the appointment letter was not issued to the petitioner. Therefore, the petitioner represented the Government. However, no action was taken. Thereafter, vide letter dated 1.8.1997, GPSC communicated to the petitioner that the candidature of the petitioner is rejected. Under these circumstances, the petition was preferred before the learned Single Judge. The learned Single Judge found that the case was required to be considered and also was considered for relaxation in age under Rule (5-A) (1) and, therefore, ultimately allowed the petition. Under these circumstances, the present appeal before this Court.

(3.) We have heard Mr.Jayswal, learned AGP for the appellant State, Mr.Vyas, learned Counsel for the original petitioner respondent No.1 and Mr.Joshi, learned Counsel for respondent No.2 GPSC.