MUKESH R PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioners have challenged the action of the respondents of terminating the services of the petitioners as Ad-hoc Lecturers.

(2.) The facts in brief are that the petitioners were appointed as Ad-hoc Lecturers in 1994. Some where in 1993, the Gujarat Public Service Commission had published an advertisement for recruitment of Lecturers on permanent basis. The petitioners herein also applied for the same. However, they were unsuccessful. Subsequently, the respondent-authority passed the order dated 22.02.1995 terminating the services of the petitioners. Hence, this petition.

(3.) Heard learned counsel for the respective parties and perused the documents on record. The issue involved in this petition is covered by a decision of a Division Bench of this Court in the case of K.D. Vohra v. Kamleshbhai Gobarbhai Patel, 2003(2) G.L.R. 1343. In that case, the controversy centered around the issue as to whether the ad-hoc Lecturers who were locally appointed until regular Public Service Commission candidates were available and were continued as ad-hoc, without consultation with the Public Service Commission and de hors the Recruitment Rules, should be deemed to have been or should be regularized in the post, by virtue of their having been continued for long years, notwithstanding the availability of the Public Service Commission selectees. After considering the relevant Rules & Regulations, it was held that direct selection through Public Service Commission is the only mode for recruitment to the post of Lecturers in Government Colleges and that ad hoc appointees to the post, though may have continued for long periods, have to be relieved on selection of direct recruits through Public Service Commission.