BIPINKUMAR VIRABHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Shri Ketan D. Shah, learned advocate waives service of notice of rule on behalf of the respondent No. 4. Ms. Calla, learned AGP waives service of notice of rule on behalf of the respondent No. 1. With the consent of the learned advocates appearing on behalf of the respective parties, the matter is taken up for final hearing today.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, direction and order declaring that the recruitment process undertaken by the respondent No. 4- Society for the posts of Clerks and Supervisors pursuant to the advertisement dated 24/01/2007 is illegal and violative of Article 14 of the Constitution of India.

(3.) IT is the case on behalf of the petitioner that he is aged 23 years and is a Graduate and has passed his 3rd B. A. In June, 2008. He is having the requisite qualification for being appointed as a Clerk. That the respondent No. 4 Society had issued an advertisement dated 24. 1. 2007 in a local daily newspaper, inviting the applications for the appointment of clerks/ supervisors in different department of the respondent No. 4 Society. That the advertisement did not mention the number of vacant posts. However, the advertisement mentioned the qualification and prescribed age limit. It is the case on behalf of the petitioner that though, the advertisement was published inviting the application for the post in question on 24. 1. 2007, the recruitment process could not be completed and the respondent No. 4 Society continued with ad hoc appointment and all of a sudden the oral interview from and amongst the candidates who had applied in January 2007 are to be held in the year 2009 i. e. after a period of 2 years. It is submitted that initially oral interviews were to be held on 8. 3. 2009 however in view of he ensuing election of the Lok Shabha, considering the code of conduct the interviews were postponed and were to be held on 7. 6. 2009. At that stage, the petitioner has preferred present Special Civil Application under Article 226 of the Constitution of India.