ST XAVIER S COLLEGE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petition is taken up for final hearing and disposal today in light of the narrow scope of controversy between the parties. The learned Assistant Government Pleader appearing for the respondents is directed to waive service.

(2.) WHEN the petition was called out for hearing the learned Assistant Government Pleader has made a request for adjourning the matter on the ground that para-wise remarks have not been received. The request has been turned down by the Court considering the fact that notice was issued on 15. 10. 2007 making it returnable on 20. 11. 2007. Thereafter, the matter was adjourned to 28. 11. 2007. Again on 28. 11. 2007 the request made by the learned Assistant Government Pleader for time had been granted and the matter had been peremptorily fixed in presence of the learned Assistant Government Pleader today. In the circumstances, there is no question of granting request for adjournment. Even otherwise, the issue involved in the present matter is purely based on reading of the impugned order with the Government Circulars, on which reliance has been placed by both the sides and no question of facts is involved so as to require filing of any affidavit.

(3.) PETITIONER No. 1-College is run by petitioner No. 2-Society. On 18. 10. 2006 respondent authority granted 'no Objection Certificate' for appointment of Adhyapak Sahayaks in the subjects of Botany / Zoology, Chemistry and English from persons belonging to Scheduled Tribes. Condition No. 5 of the said sanction letter stated that advertisements have to be issued in accordance with Circular dated 14. 03. 1989 followed by Circular dated 04. 06. 1998 issued by the Education Department. On 07. 11. 2006 such advertisements came to be published in Gujarati daily Sandesh, Ahmedabad edition and Times of India, Ahmedabad, having circulation in the whole of the State of Gujarat. After due process was followed the petitioners sought sanction of the appointments to be made of the persons selected at the interview held by the petitioners in presence of the government nominee. Vide communication dated 24. 07. 2007 respondent No. 2 cancelled the interviews conducted by the petitioners directing the petitioners to undertake the entire recruitment process afresh. As the petitioners' representation against the said order did not yield result the petitioners approached this Court by way of Special Civil Application No. 21970 of 2007. Vide order dated 27. 08. 2007 this Court allowed the petition holding that the respondent authority having not heard the petitioners before passing the impugned order dated 24. 07. 2007 will decide the matter afresh without being influenced by earlier order dated 24. 07. 2007 after hearing the petitioners. Subsequent thereto the petitioners have been heard through their representatives and impugned order dated 24. 09. 2007 came to be made once again holding that the entire recruitment process is required to be undertaken afresh.