(Per : HONOURABLE MR.JUSTICE KS JHAVERI)
1. By way of these Appeals, the appellant has challenged the judgment and order dated 17.10.2005 passed by the learned Single Judge in Special Civil Application No. 17381 of 2005 by which the learned Single Judge has granted ad-interim relief.
2. This Court, while confirming the order passed in Civil Application No.609 of 2006 has observed as under on 22.3.2006.
" Having heard Mr Munshaw for the applicant and Mr Saurabh J Mehta for opponent Nos. 1 and 10, it appears that the controversy which is the subject matter of Letters Patent Appeal No. 154 of 2006 with the present application is the same as the controversy which is the subject matter of Letters Patent Appeal No. 85 of 2006 with Civil Application Nos. 404 and 3438 of 2006.
2. Today, we have passed orders in Civil Application No. 3438 of 2006 with Civil Application No. 404 of 2006 in Letters Patent Appeal No. 85 of 2006. The interim arrangement made during pendency of the said Letters Patent Appeal shall also be followed as the interim arrangement during pendency of Letters Patent Appeal No. 154 of 2006, that is to say, it is directed that the appointments of general category candidates as per the merit list on posts of Vidyasahayaks reserved for other categories shall be on purely adhoc basis as already directed by the learned Single Judge and till the availability of candidates belonging to the concerned reserved category.
It is clarified that the services of general category candidates may be liable to be terminated on this ground only if such termination becomes necessary to give appointment to reserved category candidates. In other words, if vacancies are available even after appointing reserved category candidates, the services of general category candidates shall not be terminated if vacant posts of Vidyasahayaks are still available.
3. Accordingly, the ad-interim stay granted earlier stands vacated and the authorities shall act in accordance with the above interim directions which shall operate during pendency of the Letters Patent Appeal.
This application accordingly stands disposed of in terms of the above directions and observations.
Rule is made absolute with no order as to costs."
3. In that view of the matter, the appointments of the respondents-original petitioner will be subject to final outcome of the respective Special Applications. However, if a request is made to the learned Single Judge, then the learned Single Judge will expedite the hearing of the Special Civil Applications. With the above observations, these Appeals are disposed of.
(V.M.SAHAI,J) (K.S.JHAVERI,J) ***vcdarji Top