L D ENGINEERING COLLEGE Vs. B C PARMAR

JUDGEMENT

(1.) Admitted Mr. D.T. Soni appears for the respondents and waives service of notice of admission on behalf of respondent No. 1. This appeal is directed against an interim order passed in Civil Application No. 3601 of 1997 in Special Civil Application No. 10227 of 1995. The appellants are the original respondents. Special Civil Application No. 10227 of 1995 was filed by the petitioners for quashing and setting aside the action of oral termination taken against them by the Principal, L.D. Engineering College, Ahmedabad- Respondent No. 1 herein, as according to the petitioners, the said action was illegal, arbitrary and void ab initio. A prayer was made to permanently restrain the respondents from interfering the petitioners from discharging duties as Class-IV servants in the Department. The petition is pending and "Rule" is issued.

(2.) In the meanwhile, 20 posts of Class-IV were to be filled-in and names of suitable incumbents from Employment Exchange were called for by the Principal. That necessitated filing of Civil Application No. 1947 of 1997. In the Civil Application, a prayer was made to direct the Opponent No. 3, Director of Employment Exchange, Ahmedabad to send names of applicants for the post of Class-IV, and to opponent No. 2 to consider their names of the petitioners by calling them for interview. The learned Single Judge after hearing the parties, by an order dated April 4, 1997 issued certain directions. Against that order, present Letters Patent Appeal is filed.

(3.) We have heard Mr. Rawal. Learned Adv. for the appellant and Mr. Soni, learned advocate for the respondent Mr. Rawal raised three contentions. Firstly, he submitted that the learned Single Judge has passed an order and issued certain directions which could not have been done at interim stage when the matter is pending. Secondly, the learned Judge has passed an order regarding relaxation of age of petitioners which is final in nature, and thirdly, the learned Single Judge directed the opponents to appoint petitioners if they are found suitable for the posts which could not have been done.