Modification of Judgment dtd.

28/01/2026 in R/SCA/10016/2018

0.5813651643785418 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10016 of 2018 [On note for speaking to minutes of order dated 28/01/2026 in R/SCA/10016/2018 ]

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MAMNESH MAHENDRABHAI BHAVSAR & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

DELETED for the Petitioner(s) No. 1 MR ANAND B GOGIA(5849) for the Petitioner(s) No.

10,11,12,13,14,2,3,4,5,6,7,8,9 MR BB GOGIA(5851) for the Petitioner(s) No.

10,11,12,13,14,2,3,4,5,6,7,8,9 MS MUSKAN A GOGIA(6624) for the Petitioner(s) No.

10,11,12,13,14,2,3,4,5,6,7,8,9 MR. SIDDHARTH RAMI, ASST. GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ==================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 12/02/2026

ORAL ORDER

[1] Mr. Gogia, learned advocate for the petitioners, by way of speaking to minutes, points out to this Court that following prayers were not incorporated in judgment dated 28.01.2026.

[2] As such, by way of this speaking to minutes note, no relief can be granted in favour of the petitioners. Be that as it may, petitioners appear to have filed a draft amendment to incorporate certain facts and the following relief which reads as under:-

“EE. Lordships be pleased to issue appropriate Writ, Direction Or Orders to the Respondent State authority is to calculate and identify the shortfall backlog posts of Class III or Iv posts and absorb the Petitioners in such posts in Civil Hospital or at other places as the case may be, in accordance with reservation policy of Government for disabled persons”

[3] It is true that the draft amendment filed by the petitioners was allowed by the coordinate Bench of this Court vide its order dated 16.10.2018. Nonetheless, the same was not carried out by the petitioners as the plain reading of the original petition does not suggest the same.

[4] In that view of the matter, this speaking to minutes note is not entertained.

(MAULIK J.SHELAT,J)

Lalji Desai R/SCA/10016/2018

0.5813651643785418 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 10016 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J. SHELAT ==========================================================

Approved for Reporting Yes No ✓

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MAMNESH MAHENDRABHAI BHAVSAR & ORS.

Versus STATE OF GUJARAT & ORS.

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Appearance:

DELETED for the Petitioner(s) No. 1 MR ANAND B GOGIA(5849) for the Petitioner(s) No.

10,11,12,13,14,2,3,4,5,6,7,8,9 MR BB GOGIA(5851) for the Petitioner(s) No. 10,11,12,13,14,2,3,4,5,6,7,8,9 MS MUSKAN A GOGIA(6624) for the Petitioner(s) No.

10,11,12,13,14,2,3,4,5,6,7,8,9 MR SIDDHARTH RAMI, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1,2,3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 28/01/2026

ORAL JUDGMENT

1. Heard Ms. Muskan A. Gogia, learned Advocate appearing for Mr. Anand B. Gogia, learned Advocate for the petitioners and R/SCA/10016/2018

0.5813651643785418 Mr. Siddharth Rami, learned Assistant Government Pleader for the respondents. With consent, the matter was taken up for hearing.

2. The present petition is filed under Articles 226 and 227 read with Articles 14, 16, 21, and 23 of the Constitution of India, seeking the following reliefs:

“A. YOUR LORDSHIPS may be pleased to admit and allow this petition.

B. YOUR LORDSHIPS may be please to hold declare and direct by appropriate writ directions and orders that the Petitioner(s) are Civil Servants / Government Servants of Respondent(s) State.

C. YOUR LORDSHIPS may be pleased to hold, declare and direct by appropriate writ direction or orders that termination of Service of Petitioner (s) orally from April 29, 2018 (29.04.2018) is illegal, ineffective, null and void and be quashed and be treated as contin