1. Heard Ms. Kruti M. Shah, learned advocate for the petitioner and Ms. Hansa Punani, learned AGP for respondent Nos.1 and 2. The petitioner association claiming to be the Alumni Association of College of Fisheries situated at Veraval in Junagadh District has prayed for the following reliefs:-
"(A) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction in the nature of mandamus directing the respondents to take action regarding proposed amendment sought to be made in the existing Fisheries Officer (General), Class-III (Commissionerate of Fisheries) Recruitment Rules, 1997 and further be pleased to direct them to implement the new Rules in the Recruitment process.
(B) This Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ order or direction in quashing and setting aside the action of the respondent no.1 and 2 of making appointment of the persons in Fisheries Department by way of a promotion from non technical cadder to technical cader.
(C) This Hon'ble Court may be pleased to issue appropriate writ or direction to the respondent no.1 and 2 to give the preference to the persons holding graduate degree in Bachelors of Fisheries Science and Master of Fisheries Science at the time of making recruitment on Class-I, II and III posts of the Fisheries Department.
(D) Pending admission, final hearing and disposal of this petition, direct the respondent no.1 and 2 to give the preference to the persons holding graduate degree in Bachelors of Fisheries Science and Master of Fisheries Science at the time of making recruitment on Class-I, II and III posts of the Fisheries Department.
(E) Grant such other and further relief as thought fit in the interest of justice."
2. The prayers prayed for cannot be entertained by this Court in its jurisdiction under Article 226 of the Constitution of India. However, in the interest of justice and considering the fact that the fishery is a specialist faculty and according to learned advocate for the petitioner, the College at Veraval is only one of such College in the State of Gujarat, it would be open for the petitioner association to file a detailed representation to the respondent authorities and the same shall be considered by the respective authorities in accordance with law as expeditiously as possible.
3. With these observations, the petition stands disposed of. No costs. Direct service is permitted.
[R.M.CHHAYA, J.] mrpandya Top