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Gujarat High Court · body

2018 DIGILAW 86 (GUJ)

STATE OF GUJARAT v. PATEL BHADRESH JAYANTIBHAI

2018-01-11

BIREN VAISHNAV, M.R.SHAH

body2018
JUDGMENT : M.R. SHAH, J. 1. As common question of facts and law arise and as such arise out of the impugned common judgment and order passed by the learned Single Judge, all these appeals are decided and disposed of by this common judgment and order. 2. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the learned Single Judge in respective Special Civil Application No. 20332/2016 and other allied Special Civil Applications by which the learned Single Judge has allowed the aforesaid Special Civil Applications preferred by the respective respondents – original petitioners and has directed the appellants herein – original respondent Authorities to accommodate all the original petitioners within the District of their choice i.e. Banaskantha, Sabarkantha, Mehsana etc. as the case may be, the original respondents – State Authorities have preferred the present Letters Patent Appeals under Clause 15 of the Letters Patent. 3. The facts leading to the present Letters Patent Appeals in nutshell are as under : 3.1 That an advertisement for appointment of Shikshan Sahayak in Higher Secondary Grant-in-Aid Schools was published in the month of April 2016 wherein several candidates including the original petitioners submitted their applications. At this stage it is required to be noted that earlier number of complaints were received by the State Government with regard to irregularity in appointment of the Teachers in the Grand-in-Aid Schools and therefore, State of Gujarat thought it fit to centralize the procedure of recruitment and decided to act as a facilitator so that by centralized process such Teachers can be given appointment in the Grant-in-Aid Institutes. Therefore, to have fairness and transparency and to avoid any irregularities the Government came out with a notification dated 11.02.2011 by which in exercise of powers conferred by section 35 of the Gujarat Secondary and Higher Secondary Education Act, 1972, the Government of Gujarat made the Rules named The Teachers and Health Masters of Registered Private, Secondary and Higher Secondary Schools (Procedure for Selection) Rules, 2011 (hereinafter referred to as “Rules, 2011”). Under the said Rules, a Selection Committee was constituted consisting of six members being Commissioner, Mid-Day-Meals and School, Gujarat State, Gandhinagar; Chairman and the Joint Director of Schools, Gujarat State, Gandhinagar, the Member Secretary of the Selection Committee. Under the said Rules, a Selection Committee was constituted consisting of six members being Commissioner, Mid-Day-Meals and School, Gujarat State, Gandhinagar; Chairman and the Joint Director of Schools, Gujarat State, Gandhinagar, the Member Secretary of the Selection Committee. Under the Rules, 2011, the Selection Committee was required to select persons for appointment on the post of Teachers and Head Masters in the registered private schools from amongst the persons who are qualified to be appointed as such in accordance with the provisions of Rules, 2011. That duties and functions of the Selection Committee are provided under Rule 5 of the Rules, 2011. That as per the Rules, 2011, the candidates were required to mention their choices/option in the District in which they intend to get appointment as a Teacher or Head Master, as the case may be. The procedure for submitting the application is provided under Rule 9. As per Rule 10 of the Rules, 2011, the applications were required to be scrutinized by the Selection Committee. Thereafter, the Selection Committee was required to prepare the select list as per Rule 11 of the Rules, 2011. The Selection Committee was required to prepare subject-wise and category-wise list on the basis of the marks secured by the concerned candidates as provided in sub-Rule (a) and (b) of Rule 11 of Rules, 2011. That the Selection Committee is also required to prepare a list of successful candidates in the order of merit on the basis of aggregate marks finally awarded to each candidate as provided under sub-Rule (d) limited to the number of posts advertised by the Selection Committee. The Selection Committee is also required to prepare a separate list of successful candidates of Scheduled Caste, Scheduled Tribe, Socially and Economically Backward Class and Women to the extent of number of vacancies reserved for such categories. The Selection Committee is also required to submit subject-wise and category-wise waiting list showing the names of the candidates about 10% of the list of successful candidates so prepared. The life of the waiting list as per sub-Rule (8) of Rule 11 shall be for a period of 2 years from the date of publication of the result or till the next date of publication of the result of the next examination, whichever is earlier. As per sub-Rule (12) of Rule 11, the Selection Committee is required to prepare the select list in three parts. As per sub-Rule (12) of Rule 11, the Selection Committee is required to prepare the select list in three parts. Part 1 of the select list consist of qualified candidates arranged in the order of merit specifying their names, application numbers and total marks obtained by the candidates. Part 2 provides for a waiting list in accordance with the provisions of sub-Rule (7) of Rule 11 in the order of merits specifying their names, application numbers and total marks obtained by the candidates and Part 3 shall consist of a list of unqualified candidates which are not included in Part 1 and Part 2 specifying their names, application numbers and total marks obtained by them. As per Rule 13, the Selection Committee shall call selected candidates to verify the candidates’ educational qualifications, birth date, caste certificate and such other documents. The verification of the candidates shall be completed within two months from the date of declaring of select list. That thereafter the Selection Committee shall convey the list of vacant posts to the selected candidates and invite options from such candidates. As per sub-Rule (2) of Rule 13, the Selection Committee shall offer a place of posting to the selected candidates taking into consideration his options and his place in the merit list in a camp held for the purpose. That thereafter allotment letter for posting of the selected candidate shall be issued by the Selection Committee in the camp itself, and a copy thereof shall be sent to concerned registered private school for appointment of the concerned candidate and a copy of the same shall be sent to the concerned District Education Officer for monitoring and for appropriate action for implementation of the allotment letter. That thereafter the concerned registered private school shall issue an appointment letter within 7 days from the date of receipt of the allotment letter from the Selection Committee. That the relevant Rules which are necessary for deciding the present appeals are as under: “10. Scrutiny of the applications : The application shall be scrutinized by the selection committee and committee may adopt the procedure for such scrutiny as it deems fit. 11. That the relevant Rules which are necessary for deciding the present appeals are as under: “10. Scrutiny of the applications : The application shall be scrutinized by the selection committee and committee may adopt the procedure for such scrutiny as it deems fit. 11. Preparation of select list:- (1) (a) The selection committee shall prepare a list on the basis of weight-age of 70% marks of the marks secured by the concerned candidate in Teacher's Aptitude Test to be conducted atleast once in a year by Gujarat Secondary and Higher Secondary Education Board, Gandhinagar. (b) The marks secured by the concerned candidate in TAT will be valid for five years from the date of the result of the TAT. (c) The candidate who has secured at least 50% marks in TAT shall be considered as qualified candidate for TAT weight-age. (d) A candidate shall be allowed maximum three attempts for TAT. If a candidate after availing the first attempt also avails second or third successive attempt within the period of five years from the date of the result of the first attempt, the average marks obtained by the candidate in such attempts shall be considered for preparation of the select list, as explained in Appendix II. (2) The Weight-age of 30% will be given, out of the marks secured in the prescribed educational qualification for the concerned post. (Please see the example in Appendix II) (3) The maximum marks for the qualification for the purpose of Weight-age of 30% shall be as prescribed in Appendix I. (4) The Selection Committee shall prepare subject-wise and category-wise lists on the basis of marks secured by the concerned candidates as provided in sub-rules (a) and (b) above. (5) The Selection Committee shall prepare a list of the successful candidates in the order of merit on the basis of aggregate marks finally awarded to each candidate as provided under sub-rule (d) above limited to the number of posts advertised by the selection committee. (6) The Selection Committee shall prepare a separate list of successful candidates belonging to the Scheduled Castes, Scheduled Tribes, Socially and Educationally Backward Classes and women to the extent of the number of vacancies reserved for such categories. (6) The Selection Committee shall prepare a separate list of successful candidates belonging to the Scheduled Castes, Scheduled Tribes, Socially and Educationally Backward Classes and women to the extent of the number of vacancies reserved for such categories. Provided that where the requisite number of candidates, belonging to Scheduled Casts, Scheduled Tribes, Socially and Educationally Backward Class or, as the case may be Nomadic Tribes and De-notified Tribes, could not qualify on the basis of the qualifying aggregate marks fixed for general category, the selection committee may relax the qualifying aggregate marks to make up the deficiency in these reserved posts. (7) The selection committee shall prepare subject-wise and category-wise waiting lists, showing the names of the candidates of about 10% of the list of successful candidates so prepared under sub-rules (2) and (3) above. (8) The waiting lists referred to in sub-rule (7) shall be operative for a period of two years from the date of publication of the result or till the date of publication of the result of the next examination, which ever is earlier." (9) The waiting list may be operative in the following circumstances:- (i) If the post of Headmaster or Secondary teacher or higher secondary teacher is not filled up due to non-joining of the selected candidate in the prescribed time limit. (ii) If the selected candidate is disqualified for appointment for any of the reasons. 12. Select list of the qualified candidates: (1) The selection committee shall prepare the select list in three parts as under namely: Part I. The select list of the qualified candidates shall be arranged in the order of merit specifying their names, application numbers and total marks obtained by the candidates; Part II. A waiting list in accordance with the provisions of sub-rule (7) of rule 11 in order of merit specifying their names, application numbers and total marks obtained by the candidates. Part III. A list of the unqualified candidates who are not included in Part-I and Part-II, specifying their names, application numbers and total marks obtained by them. (2) The selection committee shall display all the three parts of the result on the Notice Board in the office of the Commissioner of Schools, Gandhinagar, Gujarat Secondary and Higher Secondary Education Board, Gandhinagar and in all offices of district education officers. (2) The selection committee shall display all the three parts of the result on the Notice Board in the office of the Commissioner of Schools, Gandhinagar, Gujarat Secondary and Higher Secondary Education Board, Gandhinagar and in all offices of district education officers. (3) The selection committee shall communicate result to the qualified candidates individually in the manner as may be decided by it. The selection committee shall not enter into any further correspondence with any candidate in this regard after communication of the result. 13. Appointment of candidate:- (1) The selection committee shall call the selected candidates to verify the certificates of educational qualifications, birth date, caste certificate and such other documents. The verification of the certificates shall be completed within two months from the date of declaring of select list. (2) The Selection Committee shall convey the list of vacant posts to be selected candidate and invite options from such candidate. The Selection Committee shall offer a place of posting to the selected candidate taking into consideration his options and his place in the merit list in a camp held for the purpose. (3) If the selected candidate fails to appear on the specified date and time for verification of certificates or at the camp held for the purpose of posting, he shall not be eligible for selection and his name shall be deleted from the select list. The selection committee shall not enter into any further correspondence in this regard. (4) The allotment letter for posting of the selected candidate shall be issued by the selection committee in the camp itself, and a copy thereof shall be sent to the concerned registered private school for appointment of the concerned candidate and a copy of the same shall also be sent to the concerned District Education Officer for monitoring and for appropriate action for implementation of the allotment letter. (5) The concerned registered private school shall issue a appointment letter within seven days from the date of receipt of the allotment letter from the selection committee. (6) The selected candidate shall require to join the concerned school within seven days from the date of receipt of the appointment letter. (7) The concerned management board of the registered private school and the head master of the registered private school and concerned candidate shall intimate to the selection committee and concerned District Education Officer after such candidate has join the duty. (7) The concerned management board of the registered private school and the head master of the registered private school and concerned candidate shall intimate to the selection committee and concerned District Education Officer after such candidate has join the duty. (8) If the concerned management Board of the registered private school does not allow the selected candidate to resume duty within the prescribed time limit, no other candidate shall be allotted for that post up to three years. The Government shall also be at liberty to take necessary actions in accordance with the provisions of Grant-in-Aid Code 1964 in such cases.” 3.2 In the present case advertisement was issued on 12.04.2016 for filling of 1772 posts in Secondary and 4076 posts in Higher Secondary Grant-in-Aid Schools. Online applications were invited from eligible candidates. That on the basis of online data filed by the candidates, the merit list came to be prepared District-wise, medium-wise, category-wise, subject-wise etc. The merit list came to be published by the Committee on 07.11.2016 of four time of total posts. It appears that thereafter in between 10.11.2016 to 15.11.2016, online District Selection Options were invited from the candidates and on the basis of same, District Allotment List came to be published and the concerned candidates as per the District Allotment List came to be informed by SMS to remain present in the District Camp on the date. The District Camps for school selections were held between 22.11.2016 to 24.11.2016 at the District level and by the concerned District Education Officers. The verification of the documents etc. were done. After first round of District Camp, 2214 posts were vacant for the following reasons. 1. Candidates who have not appeared in the camp; 2. Candidates who have appeared in the camp but himself/herself withdrew the right of selection of schools; and 3. Candidates who have appeared in the camp but their qualifications were not as per the Rules etc. Therefore, the second round of online District Selection Process started to fill up the remaining 666 posts in the Secondary Schools and 956 posts in the Higher Secondary Schools. Online District Selection options were invited between 10.12.2016 to 13.12.2016. Candidates who have appeared in the camp but their qualifications were not as per the Rules etc. Therefore, the second round of online District Selection Process started to fill up the remaining 666 posts in the Secondary Schools and 956 posts in the Higher Secondary Schools. Online District Selection options were invited between 10.12.2016 to 13.12.2016. As the concerned original petitioners were not given the appointments in the District of their choice and less meritorious to them were given appointments in the schools in the Districts of the choices given by the concerned original petitioners and therefore, the concerned original petitioners preferred the aforesaid Special Civil Applications for appropriate writ, order and direction directing the original respondents to follow strictly the merit list with respect to selection/choice of the school given by the candidates as per their seniority and to consider their cases and to allow the school as per their first preference given in the applications for the post of Shikshan Sahayak. 3.3 It was submitted before the learned Single Judge that many of the candidates did not join the school allowed to them in the first round and therefore, all those posts should have been allotted to the concerned candidates – petitioners as per their first choice and instead in the second record, less meritorious candidates came to be allotted. It was submitted on behalf of the original petitioners that as such what was required to be done by the Selection Committee constituted under the Rules, 2011 was subsequently done by the concerned District Education Officer and the concerned District Education Officers subsequently found some of the candidates not eligible. Therefore, it was the case on behalf of the petitioner that if the entire exercise of verification of the documents etc. would have been done by the Selection Committee prior to the allotment of the Districts and/or allotted to the concerned candidates in different Districts, such a situation/ problem would not have arisen. Therefore, it was the case on behalf of the petitioner that if the entire exercise of verification of the documents etc. would have been done by the Selection Committee prior to the allotment of the Districts and/or allotted to the concerned candidates in different Districts, such a situation/ problem would not have arisen. It was submitted that in the present case solely on the basis of the applications invited online and the merits submitted by the concerned candidates, first the merit list/select list was prepared by the Selection Committee and on the basis of such merit list, which was prepared solely on the basis of the online applications and even without verifying the marks/merits/certificates etc., the merit list was prepared and the allotment of the concerned candidates to concerned Districts were made. It was submitted that thereafter the entire exercise of scrutiny etc. was undertaken by the concerned District Education Officer, who in many cases found that the marks submitted by the concerned applicant in the applications were incorrect and/or even they did not produce the requisite certificates etc. and therefore, they were ineligible. It is submitted that therefore their names came to be excluded. It was submitted that in many of the cases the concerned candidates who were allotted the concerned District did not resume the duty and the post had fallen vacant which were required to be offered to the candidates as per their choice/preference mentioned in their applications. It is submitted that therefore the post which had fallen vacant subsequently on the aforesaid ground more particularly on the exercise undertaken by the concerned District Education Officers, instead of offering to the concerned candidates as per their preference/choice, came to be offered to the less meritorious candidates who were earlier not offered the appointments as having less marks. 3.4 In the affidavit in reply the State Government specifically stated that the entire exercise was undertaken by the concerned District Education Officers and the posts which remained vacant were offered to the concerned candidates who could not get appointment in first round and/or second round i.e. by operating further the merit list/witness list. 3.4 In the affidavit in reply the State Government specifically stated that the entire exercise was undertaken by the concerned District Education Officers and the posts which remained vacant were offered to the concerned candidates who could not get appointment in first round and/or second round i.e. by operating further the merit list/witness list. It was the case on behalf of the State that in-fact all the original petitioners were offered the Districts/Schools in the first round as per their merit and therefore, they had no right to claim the appointment in the concerned District/Schools of their choice/option because the post remained vacant and/or fallen vacant subsequently. It was also submitted that out of approximately 63 original petitioners, 40 of them already resumed their duties in the schools as allotted in the first round, however the remaining 20 even did not resume the duties in the schools allotted to them. 3.5 After hearing the learned Advocates appearing for respective parties and considering the Rules, 2011 and after following and/or considering the decision of the Division Bench of this Court rendered in Special Civil Application No. 2877/2011 as well as another decision of this Court rendered in Special Civil Application No.4920/2015 and other allied matters and after having observed that the procedure as required to be followed under Rules, 2011 have not been followed and because of that the injustice has been caused to the original petitioners, by impugned common judgment and order the learned Single Judge has allowed the aforesaid Special Civil Applications and has directed the appellants herein – original respondents to accommodate the original petitioners within the District of their choice (original choice/preference as mentioned in their respective applications). 3.6 It is required to be noted that after the impugned common judgment and order was passed by this Court the State preferred present Letters Patent Appeals with Civil Applications for interim relief therein and the Division Bench of this Court granted interim relief staying the impugned common judgment and order passed by the learned Single Judge and in-fact permitted the State to proceed further with the filling up of the posts as per the recruitment process being followed by the State. While granting the interim relief the Division Bench observed as under: “[1] Notice. Heard learned Assistant Government Pleader for the appellants and learned advocate for the respondents original petitioners. While granting the interim relief the Division Bench observed as under: “[1] Notice. Heard learned Assistant Government Pleader for the appellants and learned advocate for the respondents original petitioners. It is also submitted that affected parties have filed Civil Applications. [2] Recruitment notification is issued to fill up 6324 vacancies of Vidhya Sayakas in the grant-in-aid schools and it appears from the material placed on record that substantial number of posts have been filled up by following procedure notified by the authorities. [3] Learned Single Judge while allowing the writ petition directed the appellant authorities to accommodate respondents original petitioners within the district of their choice. As much as substantial number of vacancies are already filled up and process is midway, allowing direction issued by the learned Single Judge for implementation will have cascading effect on recruitment process. There is also possibility of the applicants who have not given choice of their first posting, may also approach this Court seeking similar relief, in which event, entire recruitment process would get disturbed at this stage. In view of the same, order passed by the learned Single Judge is stayed till further orders. Adjourned to 11.04.2017.” 3.7 It is reported that in the second round District Camps were held for filling up remaining 892 posts in Secondary Schools and 1322 posts in Higher Secondary Schools. That thereafter after second round, few posts came to be filled in. Again the third round was held between 10.12.2016 to 13.12.2016 for filling up the remaining 666 posts in Secondary Schools and 956 posts in Higher Secondary Schools and today when all these Letters Patent Appeals are taken up for further hearing, it is pointed out that now against the total 6324 posts of Vidya Sahayaks/Shikshan Sahayaks advertised, most of the posts have been filled in and approximately 1100 posts have remained vacant in both, Secondary and Higher Secondary Schools. An additional affidavit is filed on behalf of the appellants pointing out that in the meantime vide Government Resolution dated 16.08.2017 of the Education Department, it has been resolved to cancel 10589 such posts and therefore, as on date the aforementioned 1100 vacant posts are cancelled and are not required to be filled in further by operating the select list/merit list/waiting list. 4. 4. Considering the fact that out of total 6324 vacancies advertised, 5224 posts/vacancies have already been filled in and the concerned Teachers have already joined in the schools which they are allotted and therefore, if any order now is passed and/or the impugned judgment and order passed by the learned Single Judge implemented, in that case, all those appointed subsequently in the second round, third round and fourth round, will be affected and as the substantial number of vacancies are already filled up, allowing direction issued by the learned Single Judge for implementation will have cascading effect on recruitment process. It was suggested that cases of the original petitioners who approximately are 63 in numbers can be considered in the next recruitment process and as a one time measure they shall be offered the Districts of their preference/choice in case there are vacancies in the next round of recruitment process and in the particular subject and/or category. There is a broad consensus between the learned Advocates appearing for respective parties that they have no objection if such a course is adopted and the directions issued by the learned Single Judge is not to be implemented and/or the impugned common judgment and order passed by the learned Single Judge is modified to the aforesaid extent. It is requested on behalf of the original petitioners that out of approximately 62 original petitioners, 40 of them have already resumed in the schools allotted and remaining have not resumed and they may be permitted to resume their duties in the schools which they are allotted, however without prejudice to their rights and contentions for accommodating them in the next recruitment process subject to availability of the posts considering the requirement in subject, reservation etc. 5. Ms. Manisha Lavkumar, learned Government Pleader has stated at the Bar that all those original petitioners who have not resumed the duties in the schools they are allotted, they shall be permitted to resume the duties within four weeks from today and necessary instructions shall be issued to the concerned schools to permit them to resume the duties. 6. Shri Sudhanshu Jha, learned Advocate has submitted that after the impugned common judgment and order passed by the learned Single Judge, three other similarly situated candidates preferred Special Civil Application Nos. 6. Shri Sudhanshu Jha, learned Advocate has submitted that after the impugned common judgment and order passed by the learned Single Judge, three other similarly situated candidates preferred Special Civil Application Nos. 2867/2017, 2909/2017 and 4251/2017 and their petitions came to be disposed of by the learned Single Judge by directing the concerned respondents to make representation to the concerned authorities in light of the impugned common judgment and order passed by the learned Single Judge. Therefore, he has requested that the cases of the petitioners of the aforesaid three Special Civil Applications also be considered alongwith the respondents herein – original petitioners and it may also be observed that the present order shall govern the case of aforesaid three original petitioners also. 7. In view of the above and for the reasons stated above more particularly the broad consensus between the respective parties recorded hereinabove, the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 20332/2016 and other allied Special Civil Applications is hereby modified and the present Letters Patent Appeals are disposed of with following directions and observations. 1. That as and when fresh recruitment process in future is undertaken, before filling up the posts, the original petitioners shall be offered the appointments in the District/Schools of their choice/option as mentioned in their respective applications for the recruitment in question, subject to availability of the posts in the respective categories/class/subject etc. Therefore, it is directed that before the fresh recruitment process begins and/or exercise for fresh recruitment is undertaken, the original petitioners herein shall be intimated the Districts/Schools in which the posts are required to be filled in, however subject to the availability of the posts in the particular class/reservation and the subject and if the original petitioners so choose, they may be offered the posting by way of transfer as one time measure and as a special case in the District/School of their choice/option as per their applications for the recruitment in question. It is observed that in case any of the original petitioner does not avail the opportunity in future, it can be said that they have waived their right of getting the appointment in the District/School of their choice/option given in the applications. 2. It is observed that in case any of the original petitioner does not avail the opportunity in future, it can be said that they have waived their right of getting the appointment in the District/School of their choice/option given in the applications. 2. It is also further observed that out of those original petitioners who as such have not resumed their duties as offered by the appellants herein – original respondents, they may resume their duties at the respective Districts/Schools which are offered to them within a period of four weeks from today and as agreed by the learned Counsel appearing on behalf of the appellants – State, the State Government shall see to it that all those original petitioners who have not resumed the duties yet, if they resume the duties within a period of four weeks from today, they are permitted to resume the duties by the concerned schools. If any of the petitioners does not resume the duties within four weeks from today at the schools offered to them, they shall lose their right of getting appointment with respect to the recruitment in question. 3. The present order shall also govern the petitioners of Special Civil Application Nos. 2867/2017, 2909/2017 and 4251/2017 also. 4. The present order shall be applicable to only those candidates who have approached before this Court by way of present Special Civil Applications and the same shall not be applicable to any other candidate who as such have not made any grievance till date. 5. It is observed that the present order and the arrangement is directed in the peculiar facts and circumstances of the case and with a view to see that all those candidates who have already resumed the duties are not affected. It is required to be noted that as such it is found that as such the State Government has not followed the procedure for filling up the post in question, as required to be followed as per the Rules, 2011 and therefore, with a view to avoid any further complication, the present order is passed. 6. While disposing of the present Letters Patent Appeals, it is further directed that as and when fresh recruitment process starts, the State Government must follow the procedure as required to be followed as per the Rules, 2011 so that such a situation may not arise again. 8. 6. While disposing of the present Letters Patent Appeals, it is further directed that as and when fresh recruitment process starts, the State Government must follow the procedure as required to be followed as per the Rules, 2011 so that such a situation may not arise again. 8. With above directions and observations, the impugned common judgment and order passed by the learned Single Judge in Special Civil Application No. 20332/2016 and other allied petitions stand modified to the aforesaid extent. All these Letters Patent Appeals are allowed to the aforesaid extent. No costs. CIVIL APPLICATION NOS. 431/2018 TO 433/2018, 436/2018 AND 5149/2017 In view of disposal of main Letters Patent Appeals, Civil Application Nos.431/2018 to 433/2018, 436/2018 and 5149/2017 also stand disposed of.