IN THE HIGH COURT OF GUJARAT AT AHMEDABAD WRIT PETITION (PIL) No. 89 of 2012 For Approval and Signature:
HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA HONOURABLE MR.JUSTICE J.B.PARDIWALA ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy of the judgment ?
4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?
5 Whether it is to be circulated to the civil judge ?
========================================================= GUJARAT EX-POLICE ASSOCIATION - PETITIONER Versus UNION OF INDIA & 3 - RESPONDENT ========================================================= Appearance :
MR IH SYED for PETITIONER : 1, MR PS CHAMPANERI for RESPONDENT : 1 - 2. NOTICE UNSERVED for RESPONDENT : 3, GOVERNMENT PLEADER for RESPONDENT : 4, ========================================================= CORAM :
HONOURABLE THE CHIEF JUSTICE MR.BHASKAR BHATTACHARYA and HONOURABLE MR.JUSTICE J.B.PARDIWALA Date : 02/11/2012 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE J.B.PARDIWALA)
1. By way of this petition under Article 226 of the Constitution of India, in the nature of a Public Interest Litigation, the petitioner, an association of retired Police Officers of the State of Gujarat including IPS and Gujarat State Police Officers have prayed for the following reliefs.
(A) Issue a writ of mandamus or any other writ, order or direction for quashing and setting aside clause 4(7) of the Notification dated 29th August,2011, issued by the Department of Personnel and Training, GOI vide GSR 660(E) and declaring the impugned IPS (Recruitment) Amendment Rules,2011 coupled with Regulation as ultra vires to Article 14 of the Constitution of India as well as to Section 3(1) of All India Service Act, 1951. And further be pleased to set aside the impugned advertisement issued vide examination notice no.05/2012-IPSLC dated 10th March,2012 by the UPSC.
(B) Issue a writ of mandamus or any other writ, order or direction directing the respondents to increase the annual number of seats of the IPS Officers to be recruited through a common civil services examination.
(C) Pending final disposal of the petition, the respondents to be restrained from recruiting IPS Officers by way of Limited Competitive Examination and/or the process of recruitment pursuant to the amendment be stayed.
(D) That this Hon'ble Court may be pleased to pass such other and further directions as deemed fit and proper.
2. The matter was heard at length and the judgment was kept CAV.
3. Mr.I.H.Saiyad, the learned counsel appearing for the petitioner mentioned the matter stating that the notification, which is a subject matter of challenge in the present petition was also made a subject matter of challenge before the Central Administrative Tribunal, Guwahati Bench, in Original Application No.112/12 and the Central Administrative Tribunal, Guwahati Bench, vide order dated 10th September,2012, has quashed and set-aside the notification. According to Mr.Saiyad, in the wake of this development, it would now not be necessary for us to adjudicate the petition and examine the legality and validity of the notification.
4. For the foregoing reasons, let the matter be notified for appropriate orders on 26th November,2012.
(BHASKAR BHATTACHARYA, C.J.) Girish (J.B.PARDIWALA,J.)