C/SCA/17407/2017 ORDER DATED: 29/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17407 of 2017 ========================================================== DIPAK GAJENDRAPRASAD DALAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1 MS. KRISHNA DESAI, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 29/07/2025 ORAL ORDER 1. The prayer of the petitioner is to direct the respondent authorities to consider his case for promotion to the post of the Joint Registrar, Class - I along with other eligible candidates in accordance with direction issued by this Court in SCA No. 5945/2011 and SCA No. 17873/2011 decided on 14.10.2016. 2. It is a case of the petitioner that his case for promotion to the post of Joint Registrar, Class - I was not considered on the ground that he did not possess five ‘very good’ remarks in the preceding 8 years of his Annual Confidential Reports C/SCA/17407/2017 ORDER DATED: 29/07/2025 (ACR) and this procedure adopted by the Respondents was incorrect, in as much as a report of merely ‘good’ cannot be considered as adverse to disentitle the consideration of the petitioner's case for promotion. 3. A Coordinate Bench of this Court in SCA No. 5945/2011 while considering the case of two similar candidates who had not secured ‘very good’ in the last preceding 8 years prior to the Departmental Promotion Committee (DPC) has concluded that an un-communicated ‘Good’ remark in the ACR cannot be considered as adverse entry so as to disentitle the consideration for promotion to the post of Joint Registrar, Class - I. Since a Coordinate Bench of this Court has taken the view that the mere remark of ‘good’ in the ACR would not be construed as adverse remarks for which are entitled to be represented against and expunged, there is merit in the contentions advanced by the petitioner. 4. It will therefore be appropriate to direct the authorities to consider the case of the petitioner for promotion to the post of Joint Registrar, Class - I in accordance with the C/SCA/17407/2017 ORDER DATED: 29/07/2025 principles laid down by this Court in SCA No 5945 of 2011 and also SCA No. 17873 of 2011. The said consideration should be undertaken and completed within a period of 2 months from the date of receipt of a copy of the order. Rule is made absolute. 5. It is needless to state that on such reconsideration, if the respondents still hold that the petitioner is not entitled for being considered for the promotion to the Joint Registrar, Class - I, the petitioner would always be at liberty to approach this Court once again. (NSSG,J) Mehul Desai Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MEHULKUMAR BHIMABHAI DESAI(HCD0075), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 30/07/2025 18:01:34