NARESH DEVILAL PALIWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Learned advocate Ms.Kruti M. Shah for the petitioners has mentioned in the morning for taking-up the matter at the earliest considering the fact that though these petitions are taken up for final hearing and active hearing is ongoing before the regular Bench, respondent No.1 has published an advertisement on 27.10.2016 for appointment of District Coach on regular basis though all the petitioners before this Court are working on the same post and they are praying for regularisation of their services.

(2.) It is further stated that various exercise of recruitment as per the advertisement published on 27.10.2016 is completed and thereby, if petitioners are not allowed to appear in the written examination for selection on such post as per such advertisement, then, not only their right to be selected, but these entire petitions would be frustrated. Therefore, the petitioners have prayed for indulgence of this Court to pass appropriate order at this stage, similar to an order passed by the Co-ordinate Bench in Civil Application No.1038 of 2016 on 8.2.2016. By such order, the Co-ordinate Bench has at the relevant time when respondent No.1 had published similar advertisement for direct recruitment of District Coach on 7.12.2015 and though examination was to be held on 8.2.2016 itself, the Court has on very same day, while allowing such application directed the respondents to permit the applicant before the Court to appear in the written examination, which is scheduled on the date of order i.e. 8.2.2016 itself. The Court has made it clear that if he is qualified to appear in the field test, he shall also be permitted to do so. The Court has also made it clear that in case the applicant - petitioner is selected, such selection shall be subject to final outcome of the main petition.

(3.) Such order dated 8.2.2016 is detailed order after hearing both the sides and it is undisputed fact that such order has not been challenged by the respondents and they have complied with and thereby obeyed above direction and thereby, permitted some of the applicants, who desired to appear in the written examination though their age was higher than the prescribed age in advertisement.