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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIPUL M. PANCHOLI, J.
Desai Devabhai Gemarbhai – Appellant
Versus
Information And Broadcasting Department – Respondent
R/Special Civil Application No. 19294 of 2021 With Civil Application (For Vacating Interim Relief) No. 2 of 2022
Decided on : 06-05-2022
Constitution of India,1950 - Articles 226, 309 , 320 , 14, 16, 19 & 21 - University of Saugar Act, 1946 - Section 13 - Posts of Deputy Director of Information - Recruitment committee for facilitating recruitment - Recruitment and particularly process of oral interview based on change in composition of panel and change in strength of interviewers as stated in the present petition in matters of recruitment for the post of Deputy Director of Information, Class I and Assistant Director of Information (Journalism), Class II in the Information and Broadcasting Department based on advertisement annexed to the Petition arbitrary, discriminatory, irrational, and suffers from malafide in law and violative of Articles 14, 16, 19 & 21 of Constitution of India and hence illegal and unconstitutional and be further pleased to quash and set aside selection list - respondents to initiate a fresh process of oral interview by a panel of interviewers without change in the composition and the strength of interviewers and be further pleased to direct respondents to consider providing new set of panel of interviewers so as to prevent probable victimization and bias towards the petitioners - learned counsel appearing for the parties jointly requested that this petition be finally heard at admission stage - Learned Assistant Government Pleader waives service of notice of Rule qua respondent Nos. 1 and 2, learned advocates Mr. D. G. waive service of notice of Rule qua respective private respondents - Required to be noted that learned advocate appearing for the petitioners does not press this petition qua petitioner Learned advocate has also not pressed petition is considered qua petitioner Nos. 2 and 3 only. Arguments canvassed by learned counsel for the petitioners - Learned advocate submitted that respondent – State Government in its Information and Broadcasting Department issued G.R. thereby constituted a common recruitment committee for facilitating the recruitment procedure for filling up the vacant posts of Deputy Director of Information – Held, Absence of any rule providing for quorum of the panel members and in view of Rule 4 of Rules of 2020 when the recruitment committee has adopted procedure, this Court is of the view that the contentions raised by petitioners in the present petition with regard to violation of Articles 14 and 16 of Constitution of India are misconceived. In the present case, this Court does not find any arbitrariness on the part of the Recruitment Committee or any members of interview board/committee, as alleged by the petitioners and therefore this Court is of the view that there is no violation of Articles 14 and 16 of Constitution of India - Coordinate Bench of this Court has made certain prima facie observations on the basis of the averments made in memo of petition. However, affidavit-in-reply was not filed by respondent – State. However, the said observations are tentative in nature while issuing notice and granting Advocate Appeared :-interim relief. Now, this Court has considered the reply filed by the respondent – State and also considered the submissions canvassed by learned advocates appearing for the parties in detail and therefore reliance placed by learned counsel for the petitioners on an interim order is misconceived – Petition dismissed.
JUDGMENT :
1. This petition is filed under Article 226 of the Constitution of India in which the petitioners have prayed for the following main relief/s:
(b) Be pleased to direct respondents to initiate a fresh process of oral interview by a panel of interviewers without change in the composition and the strength of interviewers and be further pleased to direct respondents to consider providing new set of panel of interviewers so as to prevent probable victimization and bias towards the petitioners;
(c) During the pendency and till the final disposal of this Petition be pleased to stay the operation, implementation and execution of the list of selected candidates for the post of Deputy Director of Information, Class I and Assistant Director of Information (Journalism), Class II in the Information and Broadcasting Department and be further pleased to direct respondents not to provide employment to any candidate from the final select list at Annexure-A;
(d) Be pleased to hold that not passing a resolution of preparing a waiting list runs contrary to the resolution of the respondent No.2 State of Gujarat (General Administration Department) dated 27.7.2018 at Annexure-C and therefore same is illegal and Unconstitutional being in violative of Article 16 of the Constitution of India.”
2. Looking to the issue involved in the present petition, learned counsel appearing for the parties jointly requested that this petition be finally heard at admission stage. Hence, Rule. Learned Assistant Government Pleader Mr. Vinay Bairagar waives service of notice of Rule qua respondent Nos. 1 and 2, learned advocates Ms. Shikha Panchal, Mr. D. G. Chauhan and Mr. N.S. Parmar waive service of notice of Rule qua respective private respondents.
2.1. Heard learned advocate Mr. A.J. Yagnik for the petitioners, learned Advocate General Mr. Kamal B. Trivedi assisted by learned Assistant Government Pleader Mr. Vinay Bairagar for the respondent Nos. 1 and 2, learned Senior Advocate Mr. Shalin Mehta assisted by learned advocate Ms. Shikha Panchal for respondent Nos.3 to 8, 10, 11, 14, 16, 17, 19, 20, 23 and 24, learned advocate Mr. D. G. Chauhan for respondent No.22 and learned advocate Mr. N. S. Parmar for respondent Nos. 15, 18 and 21.
3. At the outset, it is required to be noted that learned advocate appearing for the petitioners does not press this petition qua petitioner Nos. 1 and 4. Learned advocate has also not pressed relief prayed for in para 6(d). Thus, this petition is considered qua petitioner Nos. 2 and 3 only. Arguments canvassed by learned counsel for the petitioners
3.1. Learned advocate Mr. A. J. Yagnik submitted that the respondent – State Government in its Information and Broadcasting Department issued G.R. dated 18.12.2015 and thereby constituted a common recruitment committee for facilitating the recruitment procedure for filling up the vacant posts of Deputy Director of Information, Class I and Assistant Director of Information (Journalism), Class II. Thereafter, in exercise of the powers conferred under proviso to Article 309 of the Constitution of India, the State Government in its Information and Broadcasting De
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