C/SCA/4366/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 4366 of 2014
with
SPECIAL CIVIL APPLICATION NO. 4739 of 2014
with
SPECIAL CIVIL APPLICATION NO. 4740 of 2014
with
SPECIAL CIVIL APPLICATION NO. 16250 of 2014
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PRADEEP S. YADAV....Petitioner(s)
Versus
PRINCIPAL SECRETARY & 2....Respondent(s)
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Appearance: (In SCAs 4366/14, 4739/12 and 4740/14)
MR DC DAVE, SENIOR ADVOCATE WITH MR NIKUNT K RAVAL,
ADVOCATE for the Petitioner(s) No. 1
MR PK JANI, ADDITIONAL ADVOCATE GENERAL WITH MR DM DEVNANI,
ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1
LAW OFFICER BRANCH, ADVOCATE for the Respondent(s) No. 2
MR AS SUPEHIA, ADVOCATE for the Respondent(s) No. 2 - 3
Appearance: (In SCA 16250/14)
MR KB PUJARA, ADVOCATE for the Petitioners
MR PK JANI, ADDITIONAL ADVOCATE GENERAL WITH MR DM DEVNANI,
ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1
LAW OFFICER BRANCH, ADVOCATE for the Respondent(s) No. 2
MR AS SUPEHIA, ADVOCATE for the Respondent(s) No. 2 - 3
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 09/04/2015
COMMON ORAL ORDER
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C/SCA/4366/2014 ORDER
1. On 08.04.2014, this Court passed a detailed
order in this group of petitions, after hearing
learned counsel for the respective parties at
length. The present order may be read as a
continuation of that order.
2. Heard Mr.D.C.Dave, learned Senior Advocate with
Mr.Nikunt K.Raval, learned advocate for the
petitioners in Special Civil Applications
Nos.4366 of 2014 and connected petitions,
Mr.K.B.Pujara, learned advocate for the
petitioners in Special Civil Application
No.16250 of 2014, and other learned counsel for
the petitioners of identical petitions, who have
adopted the arguments of the learned Senior
Advocate and Mr.K.B.Pujara, Mr.P.K.Jani, learned
Additional Advocate General with Mr.D.M.Devnani,
learned Assistant Government Pleader has
appeared for respondent No.1 and Mr.A.S.Supehia,
learned advocate for respondents Nos.2 and 3.
3. Pursuant to the order dated 08.04.2014 passed by
this Court, Mr.A.S.Supehia, learned advocate for
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C/SCA/4366/2014 ORDER
respondents Nos.2 and 3, submits that a meeting
of the Committee which is dealing with the issue
at hand is to be held today, that is, on
09.04.2015, at 6:00 p.m. Thereafter, after
further necessary procedure, the Draft Rules
would be forwarded to the State Government. It
is further submitted that the Principal District
Judges of all Districts have been informed by
respondent No.2 not to take any action regarding
the implementation of the selectlist, till
today.
4. As there is no indication regarding the time
period within which the Rules would be sent to
the State Government and there is every
possibility that, in the meanwhile, appointments
would be made pursuant to the selectlist, this
Court is of the view, for reasons stated in the
order dated 08.04.2014 passed by this Court,
that the petitioners are entitled to the grant
of interim relief. Hence, the following order is
passed:
Respondent No.2 shall ensure that no
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C/SCA/4366/2014 ORDER
appointments are given or any further action
taken in implementation of the selectlist,
till the next date of hearing and all the
concerned Principal District Judges/ Chief
Metropolitan Magistrates shall be informed
in this regard.
5. List on 20.04.2015.
(SMT. ABHILASHA KUMARI, J.)
sunil
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