CHAUDHARI NARENDRAKUMAR HEMRAJBHAI v. DEPUTY DISTRICT DEVELOPMENT OFFICER (DEVELOPMENT)
2014-06-24
R.P.DHOLARIA, VIJAY MANOHAR SAHAI
body2014
DigiLaw.ai
JUDGMENT VIJAY MANOHAR SAHAI. J. 1. We have heard Mr. Vijay H. Nangesh, learned counsel appearing for the appellant, Mr. H.S. Munshaw, learned counsel appearing for the respondent No.1 and Mr. Harsheel Shukla, learned Assistant Government Pleader appearing for the respondent No.3. 2. This Letters Patent Appeal has been filed challenging the judgment and order dated 1.10.2012 passed by the learned Single Judge in Special Civil Application No.11437 of 2012 whereby the learned Single Judge has been pleased to dismiss the writ petition filed by the appellant. 3. An on-line advertisement was issued by the respondent No.2 inviting applications for the post of Gram Seva Mantri for various districts of the State of Gujarat. The appellant applied for the said post and his name was shown in the merit list at Serial Number 36. However, it was found that the appellant has filled up his form in the category of Physically Handicapped, though he is a candidate of general category. Therefore, his candidature was cancelled which has given rise to the writ petition. 4. Learned counsel appearing for the appellant has urged that by mistake, the appellant has filled in the form in the category of Physically Handicapped. 5. The learned Single Judge did not agree with the submissions advanced by learned counsel appearing for the appellant and dismissed the writ petition observing that if it was a bona fide mistake on the part of the appellant, then he ought to have informed about it immediately after submission of on-line application and before the examinations were held. 6. We agree with the view taken by the learned Single Judge. We do not find any reason to take a different view in the matter as the appellant did not appear in the examination as general category candidate. He appeared as Physically Handicapped candidate though he was not a Physically Handicapped candidate. 7. In the result, the present Letters Patent Appeal fails and is accordingly dismissed. In view of dismissal of main Letters Patent Appeal, Civil Application also stands dismissed.