PATEL HIREN MOHANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IT is an admitted position that the applications were invited in the month of January,2008 and thereafter interviews are already over and appointments are already made and, therefore, to that extent, the present Special Civil Application has become infructuous.

(2.) LEARNED advocate appearing on behalf of the petitioner has submitted that as such the respondents are required to consider the petitioner eligible for the post-in-question on the basis of qualification obtained by him as and when future vacancy is filled in by giving fresh advertisement. It is submitted that therefore, the petitioner may be permitted to withdraw the present petition with a liberty to submit before the appropriate authority, as and when fresh applications are invited and that the degree obtained by the petitioner is valid and his case is required to be considered on merits.

(3.) IN view of the above, the present petitioner is permitted to withdraw the present petition with above liberty. As and when fresh applications are invited, it will be open for the petitioner to submit that the qualification obtained by the petitioner is valid and the petitioner is eligible for the post-in-question and the same can be considered by the appropriate authority in accordance with law and on merits and dismissal of the present petition shall not come in the way of the petitioner. With these, the present petition is disposed of as withdrawn.