Mr.
Kapadia, learned advocate for the applicant, has submitted Rule is now properly served and is received back by the registry.
2. In present application, the applicant has prayed for below mentioned reliefs:-
"[A] Pending hearing and final disposal of the petition YOUR LORDSHIPS be pleased to restrain the respondents from implementing the advertisement dated 26.12.2010 and amended advertisement dated 04.01.2011 and be pleased to restrain the respondents from proceeding further regarding the appointment process pursuant to the recently held examinations and merit list.
[B] Pending hearing and final disposal of the petition YOUR LORDSHIPS be pleased to stay the whole process of appointment / recruitment process of appointing Gram Rojgar Sevak pursuant to the advertisements dated 26.12.2010 and 04.01.2011 by the respondent No.1."
3. On the other hand, the reliefs prayed for in present application are to be found in para 7[A] and [B] of the writ petition, which read thus:-
"7[A] YOUR LORDSHIPS be pleased to issue a writ of certiorari or a writ of mandamus or any other appropriate writ, order or direction declaring the advertisement dated 26.12.2010 and amended advertisement dated 04.01.2011 and declare the same as illegal, without authority of law and arbitrary and malafide and be pleased quash the same and be further direct the respondents to continue the members of the petitioner Association as per the resolution dated 15.09.2010 upto 28.02.2014 or for the extended period.
[B] YOUR LORDSHIPS be pleased to direct the respondents to fill the posts firstly out of the present Gram Sevak and thereafter to fill remaining post by open examination and to recast the eligibility criteria and to consider the grant of preference to local people and to present Gram Rojgar Sevak / Computer Sahasik."
4. Having regard to the subject matter of present application and the reliefs prayed for in the writ petition, the interim relief, as prayed for, at this stage, does not deserve to be granted, instead present application is disposed of with the observation that it would be open to the applicant to urge the grounds and details mentioned in present application at the time of final hearing and also make appropriate request with regard to the process of appointment undertaken by the respondent, after presentation of the writ petition.
4.1 Having regard to the aforesaid order whereby the Civil Application stands disposed of and since the petitioners are agitating the issue with reference to appoitment and also having regard to the fact that under order dated 16.6.2011 the Court has ordered that Rule be returnable on 23.8.2011, registry is directed to list the petitions in the cause list of Final Hearing keeping in mind the order dated 16.6.2011.
The Civil Application accordingly stands disposed of.
(K.M.Thaker, J.) kdc Top