ARPITA B SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition, the petitioners have inter alia prayed for commanding the respondents not to terminate the services of the petitioners as lecturers in the set up of the Government Engineering Colleges at the level of Degree and Diploma after 30th April 2010 as per the Circular dated 20th July 2009 and further commanding the respondents to continue with the appointment of the petitioners as lecturers as aforesaid till regularly selected candidates are available through the process of selection by the Gujarat Public Service Commission.

(2.) The facts of the case, if put in a nutshell, are as under :

(3.) Mr.D.C. Dave, learned counsel appearing for the petitioners, has vehemently submitted that the impugned course of action on the part of the respondents is based upon the convenient misnomer the respondents are having with regard to the true import of the aforesaid decision of this Court. 3.1 It is submitted that the extension of appointment of the petitioners as lecturers upto 30th April 2010 was linked with the completion of of the process of selection on regular basis by 31st March 2010, and as a result thereof, if for any reason, the process of selection was not to be completed by 31st March 2010 and if regularly selected candidates are not available at the time of termination of services of the petitioners as lecturers, the services of the petitioners should be continued till such process of selection is completed. 3.2 It is submitted that the petitioners were possessing requisite qualification and for no fault on their part, the process of selection was not undertaken by the GPSC while appointing them and as a result thereof, they have no opportunity to appear for the process of regular selection. It is further submitted that if the services of the petitioners are to be terminated at this stage and if they are to be replaced by other candidates, who would also be on ad-hoc basis, the ongoing academic activities in the concerned engineering colleges would be disrupted. Hence, it is prayed to allow the present petition.