1. It is informed by the learned advocate appearing for respondent No.3 that respondent No.3 has already addressed a letter dated 24.2.2012 inviting response from the respondent Nos. 1 and 2 however any response from the side of respondent Nos. 1 and 2 has yet not been received.
2. Despite the direction passed by this Court vide orders dated 20.12.2011 and 29.12.2011 the said respondents have not even filed their reply affidavit.
3. In view of the fact that the person named at serial No.11 in the list published by respondent No.3 has chosen not to join, one vacancy has arisen. Thus, even otherwise (i.e. regardless any other dispute or controversy or claim by other person) there is one vacancy (since the candidate at serial No. 11 has not joined and the said vacancy is in reserved category) on which the person at serial No.1 in waiting list, can be appointed.
Any decision as regards the said vacancy is yet not taken by the respondent Government and is not conveyed to the Gujarat Public Service Commission ('GPSC' for short). Therefore, the respondent Government is directed to take necessary and appropriate decision on or before 10.4.2012 and convey the same to respondent No.3 GPSC and both i.e. respondent Nos. 1 and 2 as well as respondent No.3 are directed to take necessary and appropriate decision of issuing necessary orders qua present applicant.
4. It is submitted by learned advocate for the applicant that if his case is considered against the vacancy created on account of the decision of the person enlisted at serial No.11 then he would not have any objection against the appointment of the person enlisted at serial No.12.
The said respondent shall take necessary decision in light of the said stipulation by the applicant.
The office is directed to list the matter for further hearing on 11.4.2012.
The applicant is permitted to forward a copy of this order to respondent Nos. 1, 2 and 3. Direct service is permitted.
(K.M.THAKER,J.) Suresh* Top