Ravi R. Tripathi, J.@mdashOn the last date of hearing, viz. 7th September 2010, this Court requested the Director of Primary Education to submit report at the earliest, if it is not already submitted, or in the alternative, to indicate as to by what time report will be submitted. Today, the learned Assistant Government Pleader, Ms. Manisha Narsinghani made available a copy of report dated 28th July 2010, which is already submitted to the concerned authority. Besides, the learned Assistant Government Pleader invited attention of the Court to the communication dated 29th July 2010 addressed to the Deputy Secretary (Primary Education), Education Department by the Office of the Director of Primary Education, wherein it is mentioned that about 84 appointees, it is noticed, are given appointment on the basis of the marks given to them pertaining to their certificates in sports, which they were not entitled to. It is also mentioned in the communication that the District Education Officer, Surendranagar, one Mr. R.M. Amaliar was retired with effect from 31st July 2010 and therefore, necessary action was taken immediately to allow him to retire subject to departmental proceedings after retirement under Rule 24 of the Gujarat Civil Services (Pension) Rules, 2002. Notification dated 31st July 2010 is also issued to that effect, a copy of that also is placed for perusal. Besides, by communication dated 30th August 2010, District Primary Education Officer, District Panchayat Education Committee, Jamnagar is asked to take appropriate steps at the level of District Panchayat Education Committee against 84 candidates, who on the basis of sports certificates obtained appointment as Vidya Sahayak after giving them opportunity to represent their case individually. The learned Assistant Government Pleader also placed for perusal a communication dated 30th August 2010 addressed to the District Development Officer from the Office of the Director of Primary Education. The learned Assistant Government Pleader states that the communication dated 30th August 2010 addressed to the District Primary Education Officer and the District Development Officer will be acted upon and will be acted upon at the earliest.
2. Once the aforesaid communications are acted upon, the merit list will be required to be operated upon in accordance with law as the merit list is not under challenge. Once that merit list is operated, the petitioners'' case will be considered in accordance with law. Once that is done the grievance made in these petitions stand redressed as in the present petitions what is prayed for is only that respondent No. 2 be directed to appoint an independent agency and to hold a detailed inquiry with regard to irregularities committed by the appointing authority in appointment for the post of Vidya Sahayak. Besides, it is also prayed in these petitions that,
Your Lordships may be pleased to issue an appropriate writ, order quashing and setting aside the appointment orders and to conduct fresh recruitment procedure if any irregularities are found in the recruitment process after inquiry.
Though it is not specifically prayed that the case of the petitioners be considered for appointment, the learned advocate for the petitioners requested that he be permitted to amend the petition and incorporate that prayer. That request is granted. Amendment be carried out during the course of the day.
3. Now that the authorities are to act upon the inquiry report and in pursuance thereto communication dated 30th August 2010 is issued. The petitions are not required to be kept pending, because after appointment of 84 candidates is cancelled, the merit list will be operated in accordance with law and the resultant effect will be that the case of the petitioners will be considered for appointment to the post of Vidya Sahayak.
The inquiry report is returned to the learned Assistant Government Pleader. The learned Assistant Government Pleader is requested to place on record other communications.
4. With these observations, with a liberty to apply to this Court, these petitions are disposed of. Notice is discharged. Direct service is permitted.
