C/SCA/12158/2017 ORDER DATED: 22/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12158 of 2017 ================================================== MAIYAD BINDU RAYMALBHAI Versus STATE OF GUJARAT & ORS. ================================================== Appearance: SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1 MR. AKASH CHHAYA, AGP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,3 ================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 22/07/2025 ORAL ORDER [1] The prayers in this writ petition are as follow:- “7.(A) YOUR LORDSHIPS may be pleased to issue writ of mandamus or any other writ or a writ in the nature of mandamus or any other writ, order or direction, directing the Respondents to consider the case of the Petitioner for appointment on the post of Shikshan Sahayak in Psychology subject in the District in which the Petitioner herein has given preference with all consequential and incidental benefits; (B) YOUR LORDSHIPS may be pleased to direct the Respondent, their servants, agents and subordinates to protect the seniority of the Petitioner; (C) Pending hearing and final disposal of the present Petitioner, YOUR LORDSHIPS may be pleased to direct the Respondent, their servants, agents and subordinates to keep one post of Shikshan Sahayak in Psychology subject vacant in any of the Granted School in Rajkot, Gandhinagar or Ahmedabad District; (D) Such other and further relief/s as may be deemed just and proper in the facts and circumstances of present case may kindly be granted.” [2] Mr. Akash Chhaya, learned Assistant Government Pleader submits that the petitioner, during pendency of the writ petition, has in fact been appointed by the order dated 07.08.2018 and therefore the writ petition would not survive for consideration. C/SCA/12158/2017 ORDER DATED: 22/07/2025 [3] In response, Mr. Sudhanshu A. Jha, learned counsel appearing for the petitioner submits that the petitioner’s seniority has been severely affected by this order of appointment, for which he has also filed Special Civil Application No.19553 of 2022, in which he has also claimed seniority and another consequential benefits. He submits that in the said writ petition, prayer was also made for transfer of the petitioner. In the light of this submission, it is clear that the prayer made by the writ petitioner in this writ petition would not survive for consideration. Liberty is, however, reserved to the petitioner to pursue the Special Civil Application No.19553 of 2022, in which further reliefs have been claimed questioning the denial of seniority, except herein. [4] Writ petition is accordingly disposed of as having become unnecessary, subject to the liberty reserved above. The petitioner is also at liberty to seek early hearing in that regard. Rule is discharged. (NSSG, J.) DHARMENDRA KUMAR Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KUMAR DHARMENDRA(HC01071), GOV, at High Court of Gujarat on 23/07/2025 15:15:14