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2026 Supreme(Online)(Guj) 22473
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Niral R. Mehta, J
MAHENDRASINH KESRISINH RAJV/sSTATE OF GUJARAT
R/SPECIAL CIVIL APPLICATION NO. 4737 of 2026
For the Appellants/Petitioners: PA Jadeja, Chintan Adeshra
For the Respondents: Nidhi Vyas
The court disposed of a petition regarding seniority claims in the Vidhya Sahayak cadre, directing the concerned authority to decide the petitioner's administrative representation within four months after the petitioner chose not to press the petition on merits.
Headnote:The petitioner challenged the seniority assignment in the cadre of Vidhya Sahayak, citing Articles 14 and 16 of the Constitution of India. The petitioner sought to have seniority related back to the original recruitment process based on an advertisement dated 28.05.2010 and requested notional seniority and consequential benefits on par with other candidates. The court did not make a determination on the merits of the seniority claim. The primary issue concerned whether the action of assigning seniority from 10.08.2015 was arbitrary and discriminatory. However, the court did not provide a ratio decidendi on the legal merits as the petitioner's counsel requested that the petition be disposed of to allow the petitioner to pursue a representation dated 24th November, 2024. Disposed of accordingly as not pressed, with a direction to the authority concerned to decide the representation of the petitioner dated 24th November, 2024, within a period of four months from today, in accordance with law.
ORAL ORDER
By way of this petition, the petitioner has approached this Court for the following reliefs:
(B) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the Respondent authorities to fix and grant the seniority of the Applicant in the cadre of Vidhya Sahayak by relating it back to the original recruitment process pursuant to advertisement dated 28.05.2010, and to place the Applicant appropriately in the seniority list in accordane with law;
(C) Your Lordships may be pleased to issue an appropriate writ, order or direction, directing the Respondents to extend to the Applicant the benefit of notional seniority along with all consequential benefits, including promotion, pay fixation, and other service benefits, on par with similarly situated candidates who have been granted such benefits pursuant to the judgment dated 24.02.2015 in Special Civil Application NO.17288 of 2013 annexed herein as Annexure-C;
(D) Declare and hold that the action of the Respondent authorities in assigning seniority to the Applicant only from 10.08.2015 is arbitrary, illegal, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, and consequently quash and set aside the same;
Heard Learned Advocate Mr.Chintan Adeshra for Learned Advocate Mr.P.A. Jadeja for the petitioner and learned Assistant Government Pleader Ms.Nidhi Vyas for the respondent – State.
Learned Advocate for the petitioner submitted that petitioner be permitted to pursue his representation dated 24th November, 2024 instead of deciding the present petition on merits at this stage. He accordingly requested this Court to disposed of the petition with a direction to the authority concerned to decide the representation.
Disposed of accordingly as not pressed, with a direction to the authority concerned to decide the representation of the petitioner dated 24th November, 2024, within a period of four months from today, in accordance with law.
Direct service is permitted.
