(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.K.M.Patel, learned Senior counsel assisted by Mr.Vaibhav Vyas appearing for the appellants and Mr.Rakesh Patel, learned Assistant Government Pleader appearing for the respondents.
2. This Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 19.10.2012 passed in Civil Application No.12065 of 2012 in Special Civil Application No.6829 of 2012. The learned counsel for the appellants has urged that he has challenged the vires of the Assistant Commissioner of Labour Class-I Recruitment Rules, 2011 which have been notified on 15.11.2011 before the learned Single Judge in the writ petition. The learned Single Judge has issued Rule in the writ petition and has also expedited the hearing of the writ petition, but no interim relief was granted as there was no advertisement. Subsequently, an advertisement has been issued, therefore, the appellants have filed Civil Application seeking permission to appear in the selection in pursuance of the advertisement and prayed that their result may be kept in the sealed cover. This application was rejected by the learned Single Judge on the ground that under Rules, the petitioners are not eligible.
3. It is always open to the petitioners to amend their writ petition challenging the advertisement as well as selection procedure before the learned Single Judge. But at this stage, we do not find any illegality in the order dated 19.10.2012 passed by the learned Single Judge. Ends of justice would be served if we observe that since hearing of the writ petition has been expedited by the learned Single Judge himself, the writ petition may be decided expeditiously subject to His Lordship's convenience.
4. Subject to the observations made above, this Letters Patent Appeal is dismissed. As a consequence, Civil Application does not survive.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji