(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) Learned AGP Shri Dave has filed reply of the respondent no.1 dated 15th March 2012.
Letters Patent Appeal No. 1539 of 2011 was disposed of by our Order dated 16th November 2011, making following observations :-
"3. The petitioners have therefore filed this appeal for appropriate directions. In response to the notice issued, learned counsel Mr. Pandya appeared for respondent No.3-Nagar Prathmik Shikshan Committee and Ms. Mehta, learned AGP appeared for the State authorities. Under instructions, learned AGP stated that the authorities would undertake similar steps for filling up unfilled reserved categories seats also in Science stream in Urdu medium schools where vacancies have remained unfilled for want of qualified candidates. She stated that the observations made by the Division Bench of this Court in its order dated 17.9.2008 in Special Civil Application No.9943 of 2008 will also be taken into account for this purpose.
4. In view of the above stand of the State authorities, no further direction or clarification is necessary. This Letters Patent Appeal is disposed of, however, with liberty to apply in case the appellants encounter any difficulty.
This Misc. Civil Application has been filed to revive the Letters Patent Appeal on the ground that though the statement was made before this Court on behalf of the respondent-authorities, no steps in terms of such statement were taken.
In response to the notice of rule, respondents appeared and have filed reply; as noted above. Along with their reply, respondent no.1 has produced decision dated 6th March 2012 in which it is held that the applicants are not eligible for appointment to the post of Vidya Sahayak as per the existing rules.
We had disposed of Letters Patent Appeal on a statement made on behalf of the respondents. Letters Patent Appeal was disposed of without examining the issues on merits. We had specifically provided that applicants would be at liberty to apply in case of difficulty.
In this Application, we are not judging whether the respondents have acted in terms of their statement made before us or not. Suffice it to say, the grievance of the applicants did not get resolved by virtue of such statement, as can be seen from the subsequent developments noted hereinabove. In that view of the matter, we find that the applicants should have a right to argue their Letters Patent Appeal on merits. For above purpose, we recall our Order dated 16th November 2011.
Letters Patent Appeal No. 1539 of 2011 shall stand revived and be pleased before appropriate Court.
Misc.
Civil Application stands disposed of accordingly. Rule is made absolute.
{Akil Kureshi, J.} {Ms.
Sonia Gokani, J.} Prakash* Top