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2004 Supreme(Guj) 715

M.S.SHAH
VINODKUMAR RAJABHAI RATHOD – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: NAGESH SUD, Paresh Upadhyay

M. S. SHAH J.

( 1 ) THE petition challenges inaction on the part of the respondents in not appointing the petitioner on the post of Lecturer in Physics in Gujarat Education Service Class-II (Collegiate Branch) at Government Arts, Science and Commerce Colleges.

( 2 ) THE Gujarat Public Service Commission ("the GPSC" for brevity) issued advertisement inviting applications for appointment to the posts of Lecturer in Physics in Gujarat Education Service Class-II (Collegiate Branch) at Government Arts, Science and Commerce Colleges. 38 posts were advertised, out of which 3 posts were reserved for Scheduled Caste candidates. The petitioner is a Scheduled Caste Candidate. By notice dated 9. 6. 2000, the GPSC published the select list and the waiting list. There is also no dispute about the fact that the petitioners name was kept at Sr. No. 1 in the waiting list. The candidates in the select list as well as in the waiting list were also individually informed by separate letter dated 22. 6. 2000. In the said letter addressed to the petitioner, it was stated that inclusion of the candidate in the waiting list did not confer any right of appointment and that the waiting list would remain in o





















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