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1998 Supreme(Guj) 606

Gujarat High Court
Judgename :S.K.Keshote
Rasilaben Kesharbhai Parmar - Appellant
Versus
Induben Hejabhai Solanki - Respondent
C.R.A. 759 of 1994
Decided On : 11/11/1998

Advocates Appeared: A.H.DESAI, J.R.Nanavati, MUKESH R.PATEL, P.J.Kanabar

Headnote:(a) Civil Procedure Code, 1908 - Order 39, Rules 1 & 2 - Interim relief - Interim relief should not be granted where it amounts to grant of final relief at interlocutory stage.

       Interim relief should not be granted in a case where it amounts to grant of final relief at the interlocutory stage. Reference in this respect may have to the decision.

       High Court should not pass interim order of the nautre of which is to grant a relief which can be granted only at the final disposal.

       [Para 8]

       In the case of grant of interim relief pending final decision of final matter, the Courts should have been very careful and should take note of the fact that interim relief may not result in grant of final relief which has to be granted only after full fledged trial of the suit and when the Court is satisfied that the plaintiff has proved his case.

       [Para 9]

       (b) Civil Procedure Code, 1908 - Order 39, Rules 1 & 2 - Temporary injunction against the selection committee not to approve the defendant for the post of lecturer - Teaching work and student will suffer loss of education - Affected undisclosed persons also to be considered before granting temporary injunction.

       Restraining of selected candidate from joining the post of lecturer, it will have many more serious repercussions. In an institution, i.e. a teaching institution, one teacher will not be available in the subject concerned and for want of teacher, teaching work of the school will suffer and as a consequence thereof, the students will be put to suffer loss of education. The Courts should not have been conservative in the approch while considering the grant of temporary injunction and they have to consider overall affect of injunction i.e. whether it will affect also to the undisclosed persons or not. The matter should have also been considered with refernece to the interest of institution and the students.

       [Para 10]

       

S. K. KESHOTE, J.

( 1 ) HEARD the learned counsel for the parties.

( 2 ) THE respondent No. 5-Jaysinh Samat- bhai Parmar Arts and Commerce College, kodinar, had advertised for recruitment one post of Lecturer in Sociology. The defendant- petitioner and plaintiff-respondent No. 1 and many others had applied for the said post in response to the aforesaid advertisement of the college. The defendant-petitioner has been selected for the post by selection committee and his name has been placed at No. 1 in the merit list. The proceedings of the selection committee of the selection made for the post of Lecturer in Sociology were sent to saurashtra University for its approval. The plaintiff-respondent No. 1 filed a suit on 23rd september, 1992 challenging the selection proceedings of the selection committee for making selection on the post of Lecturer in Sociology. The defendant-petitioner was not joined as a party at the initial stage in the suit by the plaintiff-respondent No. 1. The plaintiff-respondent No. 1 filed an application Ex. 5 for grant of ad-interim relief against respondent no. 3 not to approve the name of defendant- petitioner for the post of Lecturer in Sociology. After hearing the learned Counsel for the parties and recording the finding that the plaintiff-respondent No. 1 has no prima facie case and balance of convenience also does not favour grant of temporary injunction, the learned trial Court, under its order dated 16th September 1993, dismissed the application Ex. 5 with costs and vacated ex-parte ad-interim relief granted against the University.

( 3 ) FEELING aggrieved of the said order, the plaintiff-respondent No. 1 filed Civil Misc. Appeal No. 107/93 in the Court of District Judge, amreli, on 14th October, 1993, which was finally came to be decided by Assistant Judge on 18th March, 1995 and till final disposal of the suit, temporary injunction has been granted that the defendant-petitioner should not be given appointment on the. post of Lecturer in sociology. Hence this civil revision application before this Court by the petitioner.

( 4 ) ON 16. 2. 1998, this Court has been pleased to grant interim relief in terms of Para- 98 which reads as under : except Mr. M. V. Patel, learned AGP appearing for respondent No. 2-State of gujarat, none appears for contesting party. In view of this, interim relief in terms of Para 9 (B) is granted. The petitioner will be allowed to join on the post of Lecturer in Sociology. If the respondents are interested in contesting the matter, it will be open for them to approach this Court for final hearing of the case. Direct service is permitted.

( 5 ) PARA-9 (B) of the civil revision application reads as under : pending the admission, hearing and final disposal of this civil revision application, this Honble Court may be pleased to issue ad-interim injunction suspending the operation and implementation of the order passed by the Assistant judge, Amreli in Civil Misc. Appeal No. 103/93 dated 18. 3. 1994.

( 6 ) IT is not in dispute that in pursuance of the interim relief which has been granted by this Court on 16. 2. 98, the defendant-petitioner has already joined the post of Lecturer in Sociology in the college.

( 7 ) IT is not in dispute that open selection has been made for the post of Lecturer in Sociology in which the plaintiff-respondent No. 1 has also participated and had taken her chance for selection on the said post. It is a different matter that she could not stand to merits in comparison to defendant-petitioner. As usual, on being not selected a candidate camp up with manifold grievances against selection committee. Manifold defects have also been alleged to be found and above that manifold other aspersions, allegations and blames are being put on tthe members of selection committee. However, the plaintiff-respondent no. 1 filed a civil suit challenging the selection proceedings and it will ultimately be decided by the Court. At this stage, there are only allegations regar















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