Can we modify or cancel stay of Govt recruitment?

Dear Sir,
There was a recruitment of Adhyapak (College Teacher) in Gujarat in subjects like Sanskrit, English, Commerce, Gujarati, History. Now, some candidates have filed petition based on their subjects in U.G. and P.G. Course. Without thinking deep in matter, High Court has granted stay to stop entire recruitment process until final disposal. Though cases are made for subjects like Economics, Commerce, Statistic, other subjects like English, Sanskrit candidates become victim of this interim relief. The matter is concerned for subjects like commerce, economics. It has nothing to do with subjects like English, Gujarati. Though judge has granted stay on entire process. Now my question is :

(1) Should we wait for final disposal of case ?
(2) Can we join as the party to claim HC and Govt. to give appointment order to those subject candidates where cases are not registered ?
(3) Can we modify or cancel stay on entire process given by judge ?

Asked 9 years ago in Labour

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1 Answer

1. If the Judgement goes against the teachers, then all the teachers will be affected and recruitment process will be restarted. You shall have to approach the Divisional Bench or the Supreme Court challenging the said judgement which you should avoid,

2. it will be prudent on your part to join as party praying for an order directing the Govt, to issue appointment letter to teachers of English, Gujrati etc whose recruitment process has not been challenged yet,

3. You can tactfully get the Judgement partially modified by advancing the above prayer.

Krishna Kishore Ganguly

Advocate, Kolkata

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Dear Sir,
The matter is about to dispose as UGC replied the court in favour of Govt. It looks like Govt will win the case and will release the appointment order soon to all subjects. Now, is it advisable to join as party ? or we should wait. Because last stage of case as per website is "Fine hearing part heard." We are worried that admission of our case as to join party will unnecessary take two or three dates and delay so called final judgement which is about to come in our favour .

Asked 9 years ago

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Can we modify or cancel stay of Govt recruitment?

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