KASHINATH NAGAYYA IBATTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted. We have heard counsel on both sides.

(2.) The appellant being a Scheduled Tribe candidate was appointed initially in 1981 to a vacancy reserved for the Scheduled Tribes and thereafter he had been continuously working as a Lecturer till 1993. It is also on record that he is a specialist in Anatomy and Surgery, As regards his qualifications and eligibility and experience to hold the post, the government has not, in fairness, disputed. The only dispute is whether he could be allowed to continue in service, when candidates selected and appointed by the public service commission (PSC) are available for appointment

(3.) It is settled law that temporary candidates working on ad hoc basis have to give place to the candidates selected by the PSC and appointed by the government, in accordance with rules. It is not in dispute that the appellant appeared for selection in three vacancies reserved for Scheduled Tribes but he was not among three candidates selected. The respondents who ore appointed in the vacancies are the candidates selected by the PSC and recommended for appointment. The government has appointed them on a regular basis. Under those circumstances, the appellant has to give place 10 the candidates regularly selected and appointed.