SOLANKI J SHAMJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioners, in all 7, have filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the action of the respondents of deciding not to operate the selection list prepared in the year 1985 for the posts of Talati-cum-Mantri pursuant to the advertisement at Annexure A to this petition and further action of the respondents in not appointing the petitioners as per selection list, on the 44 vacant posts of Talati-cum-Mantri as being bad in law, illegal, arbitrary, unconstitutional, suffers from vice of favoritism and nepotism, not in consonance with the principles laid by this Court and by the Hon'ble Apex Court. The petitioners have further prayed for quashing and setting aside the decision taken by the respondents as per the Circular dated 05. 09. 1989 to cancel the selection list prepared for the posts of Talati-cum-Mantri. The petitioners have further prayed for the direction to the respondents to stick to the Circular dated 29. 05. 1982 and to forthwith operate the selection list prepared for the posts of Talati-cum-Mantri, pursuant to the advertisement. The petitioners have prayed for the interim relief against the respondents restraining them from making any further appointments and/or to direct the respondents to keep 7 posts of Talati-cum-Mantri vacant during the pendency of this petition.

(2.) THE petition was admitted on 22. 02. 1990 and it was ordered to be heard with Special Civil Application No. 7089 of 1989 and 6634 of 1989.

(3.) SPECIAL Civil Application No. 7089 of 1989 was disposed of by this Court on 30. 11. 1989 whereby the Court has dismissed the said petition on the ground that the selection procedure was sent for approval to the District Education Officer and the District Education Officer pointed out that other eligible candidates were not called for interview and, therefore, the procedure followed by the authorities was not a reasonable one.