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1997 DIGILAW 558 (GUJ)

Gujarat Rajya Dairy Karmachari Sabha v. Gujart Dairy Development Corporation LIMITED

1997-10-10

S.K.KESHOTE

body1997
S. K. KESHOTE, J. ( 1 ) THE petitioner Union filed this Special Civil Application praying for quashing and setting aside the action of the respondent in making recruitment to the post of Deputy Manager (Co-operation) in pursuance of the interviews scheduled to he held on 13th May, 1985. It is not in dispute that in pursuance to the interview dated 13th May, 1985 two persons were given appointment on the post of Deputy Manager (Co-operation ). On 28th June, 1985 when this matter has come up for admission before this court the counsel who appeared for the respondents made statement that two persons have already been appointed. On this statement this court had ordered that the respondents will not make further recruitment under the advertisement dated 13th May, 1984. Interview hnd taken place on 13th May, 1985 of the candidates who made applications in pursuance of the advertisement dated 13th May, 1984. Though this fact has been brought to the notice of the petitioner way back on 28th June, 1985 the petitioner has chosen not to implead those two persons as party to this special civil application. ( 2 ) IN case the relief of the nature as prayed for by the petitioner is granted, then it will result in setting aside the appointments of two persons who arc not before this court. The apex Court in the case of Ishwarsingh vs. Kuldipsingh, reported in 1995 (Suppl.) 1 SCC 179, held that writ petition challenging selection and appointment without impleading and serving of notice on the selected candidates is not maintainable. Those appointments were made in the year 1985 and now after 12 years of those appointments, I do not find any justification in the prayer made by the petitioner for setting aside those appointments. ( 3 ) IN the result this Special Civil Application fails and the same is dismissed. No order as to costs. .