The High Court of Gujarat treated the petitioner's Special Civil Application leaving a merit list dispute as withdrawn. The court explicitly stated it passed no opinion on the merits of the appointment dispute.
Special Civil Application dismissed as withdrawn; Rule discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/6597/2009 JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 6597 of 2009
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE M.R. SHAH sd/-
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| 1. | Whether Reporters of Local Papers may be allowed to see thejudgment**?** |
NO |
|---|---|---|
| 2. | To be referred to the Reporter or not ? | NO |
| 3. | Whether their Lordships wish to see the fair copy of the judgment ? |
NO |
| 4. | Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? |
NO |
| 5. | Whether it is to be circulated to the civil judge ? | NO |
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DIPAKKUMAR PRAVINBHAI PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR R.K.MANSURI, ADVOCATE for the Petitioner(s) No. 1
MS. THAKORE ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1 MR GM JOSHI, ADVOCATE for the Respondent(s) No. 3 NOTICE SERVED BY DS for the Respondent(s) No. 1 , 3
RULE SERVED for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
Date : 19/12/2014 ORAL JUDGMENT
1.0. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for following reliefs:
“A.This Honoruable Court would be pleased to admit present petition. B.This Honoruable Court would be pleased to issue appropriate writ, order or direction, directing the
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C/SCA/6597/2009 JUDGMENT
respondent Bank to produce the select merit list in reference to the interview given by the petitioner for the post of Clerk, in the interest of justice.
C. This Honoruable Court would be pleased to issue appropriate writ, order or direction cancelling the immediate appointment given by the Bank to the extent of appointment of the candidates having less marks and possessing less requirement than the petitioner hereinabove, in the interest of justice.
D. This Honoruable Court would be pleased to grant interim relief by directing the respondent Bank for producing the merit list, pending admissions hearing and till final disposal of present petition, in the interest of justice:”
2.0. Today, when the present petition is taken up for final hearing, ?Shri Mansuri, learned advocate for the petitioner has placed on record the purshis signed by the petitioner dated 28.11.2014 permitting the petitioner to withdraw the main Special Civil Application by submitting that he does not want to proceed further with the main Special Civil Application.
3.0. It is required to be noted that main Special Civil Application has been admitted after hearing the learned advocates for the respective parties and the issue involved in the Special Civil Application with respect to appointment on the post of clerk made by the Bank and it was alleged that appointments on the post of clerk are made illegally and or to the candidates having less marks and possessing less requirement then the petitioner.
4.0. However, the petitioner does not want to proceed further with present petition and wants to withdraw the present Special Civil Application and purshis has been placed on record signed by the petitioner and even learned advocate for the petitioner, present petition
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C/SCA/6597/2009 JUDGMENT
is dismissed as withdrawn. However, it is made clear that this Court has not expressed anything on merits with respect to appointment in question and by permitting the petitioner to withdraw the main Special Civil Application, it may not be construed in any manner that appointments in question are endorsed by this Court. With this, present Special Civil Application is dismissed as withdrawn. Rule discharged. No costs.
sd/- (M.R.SHAH, J.)
Kaushik
Page 3 of 3
1 issue framed by the court
Whether to permit withdrawal of the special civil application concerning alleged illegal appointments.
1 provisions across 1 enactments
DIPAKKUMAR PRAVINBHAI PATEL
STATE OF GUJARAT
RESPONDENT BANK
M.R. SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
