C/SCA/15293/2016 ORDER DATED: 01/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15293 of 2016 ========================================================== CAPTION MANOJ JOSHI Versus KANDLA POST TRUST ========================================================== Appearance: MR VILAS G GOSWAMY(3217) for the Petitioner(s) No. 1 MR YOGI K GADHIA(5913) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 01/07/2025 ORAL ORDER 1. The present petition is filed seeking for issuance of a direction to consider the petitioner’s application amongst the others for being appointed as Harbour Master. 2. Learned counsel for the respondent submits that the recruitment process was complete and the selected candidates under the impugned advertisement have not been impleaded as respondents. He, however, goes to state that during the pendency of the present writ petition, the petitioner has in fact been appointed as Harbour Master, in Marine Department of Mormugao Port Trust on 14.6.2017 and is also promoted to the next higher post of Deputy Conservator in Mormugao Port Trust and, therefore, the prayers prayed for in the writ petition do not survive for consideration. 4. Para 3 and 4 of the Additional Affidavit dated 27.1.2023 read as follows:- C/SCA/15293/2016 ORDER DATED: 01/07/2025 “3. I state that the petition is affirmed on 01.09.2016 and as per the averments made in the petition, the petition would be rendered infructuous if he selected candidate is appointed. I state that even before institution of petition, the selected candidate was appointed on 20.8.2016 (pg. 39-40). I state that in the affidavit in rejoinder, there is no whisper to the same which puts the matter to rest. 4. I state that as per information available to the present respondent immediately after the institution of present proceedings, etc. the petitioner is appointed to the post of Harbour Master in Marine department of Mormugao Port Trust on 14.06.2017. It is further noticed that the petitioner has subsequently been promoted on a higher post of Dy. Conservator in Murmugao Port Trust vide order dtd. 04.01.2018. I state that considering the aforesaid developments also, the petitioner does not survive. A copy of the appointment orders dtd. 14.06.2017 and 04.01.2018 are annexed herewith and marked as Annexure-R1 (Colly.).” 5. In light of the above, when the petitioner has not chosen to challenge the appointment of the selected candidates under the impugned advertisement and further taking into consideration the fact that the petitioner has already been appointed and promoted to the next higher post, in my view, the prayers made in the present petition could not survive for consideration. The petition is, therefore, DISMISSED as having become infructuous. Rule is discharged. Sd/- (NSSG,J) OMKAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: OMKAR CHHAGANLAL MAHAWAR(HC00201), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/07/2025 16:59:18