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2026 DAILYLAW 6279 (GUJ)

GUJARAT RAJYA POLICE A.S.I./ HEAD CONSTABLES ASSOCIATION v. STATE OF GUJARAT

SCA/27214/2007 · 2026-01-21

Aniruddha P Mayee

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Judgment text

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 27214 of 2007 ========================================================== GUJARAT RAJYA POLICE A.S.I./ HEAD CONSTABLES ASSOCIATION & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SUBRAMANIAM IYER(2104) for the Petitioner(s) No. 1 APPEARANCE DELETED for the Petitioner(s) No. 2 NOTICE SERVED for the Petitioner(s) No. 2 DR. VENUGOPAL PATEL AGP for the Respondent(s) No. 1,2 RULE SERVED for the Respondent(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 21/01/2026 ORAL ORDER 1. By order dated 19.11.2025, learned Assistant Government Pleader was directed to take instructions as to whether any recognition is granted to any association in respect of Assistant Sub-Inspectors/Head Constables/Constables in the Gujarat Police Force. 2. Upon instructions from Mr. Navneetbhai Haribhai Tandel, Law Officer, D.G.P. Office, Gandhinagar, who is present in the Court today, learned Assistant Government Pleader Dr. Venugopal Patel submits that there is no recognized association for the rank of Assistant Sub-Inspector/Head Constable/Constable. 3. Mr. Subramaniam Iyer, learned advocate for the petitioner submits that the petitioner association had made an application dated 13.07.2006 seeking recognition of the petitioner p. 2 association, which came to be rejected by the then Director General of Police, Gujarat State by order dated 12.09.2007. He further submits that in view of the judgment of this Court dated 09.03.2006 in Special Civil Application No.432 of 1989, it has been held that even if the recognition granted to an association is once withdrawn, it is not withdrawn forever and such withdrawal of recognition will not disentitle the police ranks to get recognition afresh for formation of association under changed circumstances. He submits that since the application by the petitioner association for recognition has been rejected on 12.09.2007 and substantial time thereafter has passed, the petitioner association may be permitted to file an application to the respondent No.2 Director General of Police, Gujarat State for seeking recognition afresh. He submits that the said application may be decided on its own merits since large number of personnel in the rank of Assistant Sub-Inspector/Head Constable/Constable have been deprived of a recognized association. He submits that the said application be decided on its own merits and may not be rejected on technicalities or requisite formalities. He submits that in view thereof, he will not press the present Special Civil Application. 4. Considering the submissions, it is directed that if the petitioner association moves a fresh application for its recognition for the rank of Assistant Sub-Inspector/Head Constable/Constable in the Gujarat Police Force to the respondent No.2 Director General of Police, Gujarat State, then the respondent No.2 shall consider the same on its own merits and in accordance with law and in accordance with the scope p. 3 and purport of the Police Forces (Restriction of Rights) Act, 1966 as expeditiously as possible and preferably within a period of 12 weeks from the date of receipt of such application. 5. It is made clear that this Court has not gone into the merits of the case nor any opinion is expressed thereon. 6. The present Special Civil Application accordingly stands disposed of as not pressed. Rule is discharged. 7. All the contentions raised in the present writ petition are kept open. (ANIRUDDHA P. MAYEE, J.) KAUSHIK D. CHAUHAN