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2012 DIGILAW 784 (GUJ)

Gujarat Ex-Police Association v. Union of India

2012-11-02

BHASKAR BHATTACHARYA, J.B.PARDIWALA

body2012
Judgment J.B. Pardiwala, J.—By way of this petition under Article 226 of the Constitution of India, in the nature of a Public Interest Litigation, the petitioner, an association of retired Police Officers of the State of Gujarat including IPS and Gujarat State Police Officers have prayed for the following relief’s. (A) Issue a writ of mandamus or any other writ, order or direction for quashing and setting aside Clause 4(7) of the Notification dated 29th August,2011, issued by the Department of Personnel and Training, GOI vide GSR 660(E) and declaring the impugned IPS (Recruitment) Amendment Rules,2011 coupled with Regulation as ultra vires to Article 14 of the Constitution of India as well as to Section 3(1) of All India Service Act, 1951. And further be pleased to set aside the impugned advertisement issued vide examination notice No. 05/2012-IPSLC dated 10th March, 2012 by the UPSC. (B) Issue a writ of mandamus or any other writ, order or direction directing the respondents to increase the annual number of seats of the IPS Officers to be recruited through a common civil services examination. (C) Pending final disposal of the petition, the respondents to be restrained from recruiting IPS Officers by way of Limited Competitive Examination and/or the process of recruitment pursuant to the amendment be stayed. (D) That this Hon’ble Court may be pleased to pass such other and further directions as deemed fit and proper. 2. The matter was heard at length and the judgment was kept CAV. 3. Mr. I.H. Saiyad, the learned Counsel appearing for the petitioner mentioned the matter stating that the notification, which is a subject matter of challenge in the present petition was also made a subject matter of challenge before the Central Administrative Tribunal, Guwahati Bench, in Original Application No. 112/12 and the Central Administrative Tribunal, Guwahati Bench, vide order dated 10th September, 2012, has quashed and set-aside the notification. According to Mr. Saiyad, in the wake of this development, it would now not be necessary for us to adjudicate the petition and examine the legality and validity of the notification. 4. For the foregoing reasons, let the matter be notified for appropriate orders on 26th November, 2012.