(Per : HONOURABLE MR.JUSTICE V.
M. SAHAI)
1. We have heard learned advocate Mr.Vaibhav A.Vyas for the appellant, learned advocate Mr.D.G.Shukla for the respondent No.1 and learned AGP Mr.N.J.Shah for the respondent No.2.
2. Mr.Vaibhav Vyas, learned advocate for the appellant has filed an additional affidavit wherein it has been stated in para 3 that the Director, Developing Castes Welfare Department, State of Gujarat has passed an order on 18.1.2012 whereby the order of the Deputy Collector, Vadodara dated 27.10.2010 has been set aside. The resultant effect of the order of the Director is that the appellant would continue to be Non-Creamy Layer SEBC candidate and will be entitled for reservation in accordance with law. A representation has already been made by appellant to the Commission on 25.1.2012 wherein copy of order dated 18.1.2012 has been attached.
3. Learned counsel Mr.D.G.Shukla states that the Commission will take the decision in the matter of the appellant within a period of two weeks.
4. In view of the statement made by learned counsel Mr.D.G.Shukla that the decision in the matter of the appellant will be taken by the Commission within two weeks, the impugned order of the learned Single Judge rejecting the writ petition wherein rejection of the appellant candidature has been cancelled, is set aside.
5. With the aforesaid observations and directions, the appeal is finally disposed of.
6. In view of disposal of main appeal, Civil Application No.13265 of 2011 also stands disposed of with no order as to costs.
(V.M.
SAHAI, J.) (A.J.DESAI, J.) syed/ Top