High Court of Gujarat

MAHENDRA SHANKARLAL KUMAVATversusUNION OF INDIA

Decided: 29 January 2026
Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: NIRZAR S DESAI

Holding

The Court granted permission to withdraw the petition and allowed the petitioner liberty to re‑apply for the same post in a future advertisement.

Summary

Mahendra Shankarlal Kumavat filed a special civil application before the Gujarat High Court seeking permission to withdraw his petition against the Union of India and others and to be allowed to re‑apply for the same post when a new advertisement is issued. The petitioner, represented by Mr. Rahul K. Prajapati, argued that withdrawal would not prejudice his right to seek the post in the future. The Court examined whether a petitioner may be granted liberty to withdraw a pending petition and subsequently re‑file for the same recruitment. It held that such permission could be granted provided the petitioner complies with the conditions of any future advertisement. Accordingly, the Court granted the petitioner's request, disposed of the petition as withdrawn, and allowed him to apply afresh subject to meeting the prescribed educational and experience criteria. No order as to costs was made.

Issues considered

Whether the petitioner may be permitted to withdraw the pending petition and re‑apply for the same post in a future recruitment advertisement

Subjects

withdrawal of petition
liberty to reapply
recruitment
administrative law
procedural permission

Judgment

        C/SCA/16709/2024                                                    ORDER DATED: 29/01/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/SPECIAL CIVIL APPLICATION NO. 16709 of 2024

 ==========================================================
                            MAHENDRA SHANKARLAL KUMAVAT
                                       Versus
                                UNION OF INDIA & ORS.
 ==========================================================
 Appearance:
 MR RAHUL K PRAJAPATI(13950) for the Petitioner(s) No. 1
 MRS KRISHNA G RAWAL(1315) for the Respondent(s) No. 1
 ==========================================================

    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                           Date : 29/01/2026

                                             ORAL ORDER


 1.        Learned Advocate, Mr. Prajapati, appearing for the
 petitioner, under the instructions, seeks permission to
 withdraw this petition with a liberty to apply afresh for the
 same post, as and when a new advertisement is published.


 2.        Heard. Permission, as prayed for, is granted. This
 petition stands disposed of, as withdrawn. The petitioner is
 granted liberty to apply afresh for the same post, subject to
 the condition that he fulfills all the conditions that may be
 prescribed            in      the      new        advertisement,                i.e.     education,
 experience etc.. No order as to costs.


                                                                               (NIRZAR S. DESAI,J)
 UMESH/-

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 29/01/2026 17:50:47




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