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2025 DAILYLAW 7455 (GUJ)

MAMTABEN MANSANGBHAI CHAUDHARI v. STATE OF GUJARAT

SCA/16019/2025 · 2025-11-27

Nirzar S Desai

body2025

Judgment text

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C/SCA/16019/2025 ORDER DATED: 27/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16019 of 2025 ========================================================== MAMTABEN MANSANGBHAI CHAUDHARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VIJAY H NANGESH(3981) for the Petitioner(s) No. 1 MR ADITYA DAVDA, GOVERNMENT PLEADER for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 27/11/2025 ORAL ORDER 1. Heard, learned Advocate, Mr. Nangesh, appearing for the petitioner and learned AGP, Mr. Davda, for the Respondent-State. 2. Learned Advocate, Mr. Nangesh, submitted that on the ground that the Non-Creamy Layer certificate submitted by the petitioner bears the date of issuance after the submission of form and therefore, the same was held to be not in consonance with the provisions of Clause-16(c) of the advertisement and it is only for that reason that, though, the petitioner is a meritorious candidate and though, he was called for document verification, his case was not considered for appointment on the post of ‘Vidhya Sahayak’. 2.1 According to learned Advocate, Mr. Nangesh, on account of aforesaid lapse on the part of the petitioner C/SCA/16019/2025 ORDER DATED: 27/11/2025 should not cost him the employment and therefore, his case is required to be reconsidered by the Respondent- authorities. 2.2 In view of the above, learned Advocate, Mr. Nangesh, submitted that the petitioner shall make a representation to Respondent No.4 and if, Respondent No.4 is directed to reconsider the case of the petitioner, the same would satisfy the grievance of the petitioner to some extent at this juncture. Therefore, he seeks permission to withdraw this petition, while keeping all his rights and contentions open. 3. Heard. In view of the above, this petition stands disposed of, as withdrawn. It is clarified that this Court has not examined the merits of the matter and therefore, Respondent No.4 is directed to consider and decide the representation, that may be made by the petitioner within the period of ten days from today, in accordance with law within four weeks, thereafter, and to pass a reasoned order. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 27/11/2025 18:24:41