C/SCA/24164/2022 ORDER DATED: 24/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO.24164 of 2022 With CIVIL APPLICATION (FOR DIRECTION) NO.1 of 2023 In R/SPECIAL CIVIL APPLICATION NO.24164 of 2022 ========================================= NIMISHABEN YASHVANTBHAI PATEL & ORS. Versus ADDITIONAL CHIEF SECRETARY & ANR. ========================================= Appearance : MS TEJAL A VASHI for the Petitioners. MR ADITYA DAVDA, AGP for the Respondents. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 24/04/2025 ORAL ORDER 1. By way of this petition, the petitions have prayed for the following reliefs :- "(A) The Hon'ble Court may be pleased to issue a writ of certiorari and/or writ of mandamus and/or any other appropriate writ, order or direction to grant promotion (with deemed date and consequential benefits) to the petitioner(s) on the post of Senior Clerk; (B) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the Respondents to grant promotion (with deemed date and consequential benefits) to the petitioner(s) on the post of Senior Clerk; C/SCA/24164/2022 ORDER DATED: 24/04/2025 (C) Pending admission, hearing and final disposal of this petition, this Hon'ble Court may be pleased to direct the Respondents to consider the representation of the petitioner(s) at ANNEXURE A, and thereby grant promotion." 2. Pursuant to the order dated 8.9.2023 passed by the coordinate Bench of this Court in Civil Application No.1 of 2023, the respondents were directed to permit the petitioners to appear in the higher level examination. Prayers made in Civil Application No.1 of 2023 reads as under :- "(A) Pending admission, hearing and final disposal of the present civil application, this Hon'ble Court may be pleased to direct the respondents to permit the applicants to appear in the higher level exams scheduled between 12.09.2023 to 16.09.2023 in category No.4 of the Schedule "A" in ANNEXURE A to the present application. (B) Pending admission, hearing and final disposal of this application, this Hon'ble Court may be pleased to direct the Respondents to grant promotion with deemed date to the petitioners on the post of Senior Clerk." 3. The order dated 8.9.2023 passed by the coordinate Bench of this Court in Civil Application No.1 of 2023 reads as under :- C/SCA/24164/2022 ORDER DATED: 24/04/2025 "1. Heard learned senior advocate Mr. Jal Unwala with learned advocate Ms. Tejal Vashi on behalf of the applicants and learned Assistant Government Pleader Mr.Sahil Trivedi on behalf of the respondent – State. 2. At the outset, learned senior advocate submits that he may be permitted to join the Gujarat Subordinate Selection Board as respondent no.3 in the Civil Application as well as in the main petition. 2.1. Permission is granted. Appropriate amendment to be carried out by 11.09.2023. 2.2. Upon the amendment being carried out, issue Notice in the Civil Application only to the newly joined respondent, returnable on 27.09.2023. 3. Furthermore, considering the submissions made by learned advocates for the parties, since it appears that the examination in question i.e. the higher level examination scheduled between 12.09.2023 to 16.09.2023, more particularly, having regard to the fact that in the main writ petition, the petitioners are inter alia contending that the issue raised therein stands covered by decision of the learned Coordinate Benches of this Court, at this stage, this Court deems it appropriate to direct the respondents to permit the present petitioners to C/SCA/24164/2022 ORDER DATED: 24/04/2025 appear in the higher level examination. 3.1. The results of the examination shall be kept in a sealed cover which would be open subject to further orders of this Court and whereas, it is clarified that appearing in the examination would not create any equities in favour of the present petitioners." 4. Pursuant to the above order, the petitioners were permitted to appear in the examination and thereafter, on 22.4.2025, following order was passed in Civil Application No.1 of 2023 :- "It is apprised to the Court that pursuant to the order dated 8.9.2023 passed by the coordinate Bench in the present application, the respondents have kept the result of the applicants in sealed cover and the same would be opened subject to the further orders of this Court. 2. It is also stated by learned advocate Ms. Tejal Vashi that in respect of other similarly situated persons, the sealed cover has been opened before this Court and their results are declared and, therefore, the results of the present applicants is also required to be declared. 3. Learned AGP Mr. Davda could not dispute the aforesaid fact and, therefore, the respondent No.3 i.e. Gujarat Subordinate Selection C/SCA/24164/2022 ORDER DATED: 24/04/2025 Board is hereby directed to bring the sealed cover containing the results of the applicants on the next date of hearing i.e. 24.4.2025 so that further orders can be passed. Stand over to 24.4.2025." 5. In pursuance of the above order, the respondents have brought the sealed cover containing results of the petitioners and the same was opened in presence of learned advocates appearing for the respective parties. A copy of the result is taken on record. The result in tabular form reads as under :- Roll No. Candidate' s Name Design ation Office Name Paper 1 (100) Paper 2 (100) Paper 3 (100) Paper 4 (100) Paper 5 (100) No of Attem pt Result 291374 Mrs. Nimishabe n Yashavant kumar Patel Junior Clerk Ahme dabad City 70 85 70 56 72 FIRST PASS 291375 Mrs. Nayanaben Himatbhai Gajjar Junior Clerk DGP Office , Gand hinag ar 45 64 73 46 63 FIRST FAIL 291376 Mrs. Shehnazba nu Ushmanga ni Tai Junior Clerk Ahme dabad City 79 77 67 52 63 FIRST PASS 291377 Mr. Vasantbhai Hasmukhb hai Delvadiya Junior Clerk Office of the ADGP , Arme d Units, G.S. Gand 82 79 66 47+3 * 63 FIRST PASS C/SCA/24164/2022 ORDER DATED: 24/04/2025 hinag ar 291378 Mr. Pradipkum ar Ganpatlal Barot Junior Clerk Ahme dabad City 79 80 77 55 72 FIRST PASS 291379 Mr. Bhupendra sinh Dilubha Zala Junior Clerk DGP Office , Gand hinag ar 65 73 62 58 68 FIRST PASS 291380 Mr. Pradipsinh Ishvarsinh Rathod Junior Clerk Ahme dabad City 55 72 78 51 58 FIRST PASS 291381 Mr. Sachinkum ar Rameshbh ai Rathod Junior Clerk Ahme dabad city 64 47 66 55 43 FIRST FAIL 6. Upon perusal of the result, it appears that except petitioner Nos.2 and 8, all the other petitioners are declared pass. 7. Mr. Aditya Davda, learned Assistant Government Pleader, under instructions received from Mr. Jignesh R. Dabhi, Senior Clerk from the DGP Office - A-2 Branch, Gandhinagar who is present in the Court states that the prayer about grant of promotion as well as deemed date prayed for in the main petition has already been satisfied long back. Therefore, now nothing survives in this petition as the petitioner Nos.2 and 8 who are declared fail will get chance to appear in the next examination. 8. In view of the above, as the grievance of the petitioners is redressed and all of them are promoted and granted deemed date and further prayer made in the civil application to allow them to appear in the higher grade departmental examination is also C/SCA/24164/2022 ORDER DATED: 24/04/2025 satisfied in respect of the petitioners. Hence, learned advocate Ms. Tejal Vashi, under instructions, does not press this petition. Hence, the petition stands disposed of as not pressed. However, liberty to file fresh petition in case of difficulty is reserved in favour of the petitioners. It will be open for the unsuccessful petitioners to take appropriate action as they deem appropriate. The connected civil application also stands disposed of. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 24/04/2025 17:16:50