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NEUTRAL CITATION

C/SCA/18700/2021 JUDGMENT DATED: 25/03/2026

0.2834326266080105

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 18700 of 2021

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT

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Approved for Reporting Yes No ✓

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DIXITKUMAR HARISHBHAI PANDYA Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR GAURAV K MEHTA(5227) for the Petitioner(s) No. 1 MS FORUM SHAH, ASSISTANT GOVERNMENT PLEADER for the

Respondent(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 2

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CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT

Date : 25/03/2026

JUDGMENT

1. Heard Mr. Gaurav K. Mehta, learned Advocate for the

petitioner, Ms. Forum Shah, learned Assistant Government Pleader for respondent No.1 and Mr. H. S. Munshaw, learned

Advocate for respondent No.2.

2. RULE returnable forthwith. Ms. Forum Shah, learned AGP,

waives service of notice of Rule on behalf of respondent No.1

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NEUTRAL CITATION

C/SCA/18700/2021 JUDGMENT DATED: 25/03/2026

0.2834326266080105

and Mr. H. S. Munshaw, learned Advocate, waives service of

notice of Rule on behalf of respondent No.2.

3. The present writ petition is filed under Article 226 of the

Constitution of India, seeking the following reliefs:

“(A) YOUR LORDSHIPS may be pleased to admit the present petition;

B) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction for quashing and setting aside the arbitrary. illegal and discriminatory action of the respondent No. 2 for not considering the name of the present petitioner and for not entering the name of the petitioner into the final merit list though the petitioner is fully meritorious and eligible and further be pleased to

hold the same as bad at law.

(C) YOUR LORDSHIPS may be pleased to issue appropriate writ, order or direction upon the respondent No. 2 to pass appropriate order appointing the petitioner the post of Sanitary Sub-Inspector (Class III) in view of the fact that there are five (05) vacant posts available of the Sanitary Sub-Inspector (Class III) and the petitioner stood at Sr No. 4 in the provisional merit list and

therefore, he is entitled for the appointment on the said post.

(D) YOUR LORDSHIPS may be pleased to grant ex-parte ad- interim relief by restraining the respondent No. 2 not to fill in and not to appoint any other candidate on the post of Sanitary Sub- Inspector (Class III) PENDING ADMISSION and FINAL

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NEUTRAL CITATION

C/SCA/18700/2021 JUDGMENT DATED: 25/03/2026

0.2834326266080105

DISPOSAL of this petition in the interest of justice.

(E) YOUR LORDSHIPS may be pleased to pass such other and further orders may be deemed just and proper in the facts and

circumstances of the present case.”

4. The petitioner appears to have applied for the post of Sanitary

Sub-Inspector pursuant to the advertisement published by respondent No. 2-Corporation. As per the advertisement, the total number of seats earmarked for the post of Sanitary Sub- Inspector were five, out of which, three posts were earmarked for the general category, one for women, and one for SEBC. At the time of preparing the final merit list, the petitioner stood at serial No. 4 in the merit list. It is undisputed fact that three general category candidates are to be offered from merit list prepared, and as such, no seat then remained vacant to be filled through appointing the petitioner. The SEBC candidate was also available and accordingly offered appointment. The one seat earmarked for a female, was not filled in as at the relevant time, the respondent-Corpor