PARESHKUMAR M PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Appeal, the appellant has challenged the order dated 15.7.2099 passed by the learned Single Judge in Special Civil Application No. 6898 of 2009, whereby the learned Single Judge has dismissed the petition.

(2.) THE facts in brief are that the petitioner belongs to SC community, is handicapped having 90% disability, had completed Master of ITI course. Petitioner was appointed as Apprentice at LG.Hospital, Ahmedabad. After successful completion of training the petitioner was required to be absorbed with the respondent Corporation on the vacant post of Clerk cum Computer Operator but no chance was given to the petitioner. Representation of the petitioner failed, informing whenever there are availability of vacancies, he can apply for the same. THE said reply is far from truth because as per the information of the petitioner, the respondent Corporation have already filled up the vacancies without following any procedure of law by giving employment to the known persons of elected corporators or for other influential candidates. Further, the Corporation has filled up various vacancies without following due procedure of law. This is a clear case of denial and adopting illegal practice of filling up vacancies by back door entry. THEre were 80vacancies reserved for physically handicapped and 27 vacancies even in the LG hospital where the petitioner was working. Such practice of appointment through back door is illegal and therefore, the petitioner ought to have been absorbed with the respondent Corporation. THE petitioner belongs to SC community and physically 90% handicapped having registered his name with Employment Exchange. THE petitioner has completed one year's service as trainee with AMC. As per the rules and instructions the candidates who completes the apprentice course with Government institutions are sent to various institutions as apprentice and they are to be considered for absorption in the institutions. THEre were vacancies available with the respondent Corporation for Computer Operator cum clerk the post on which the petitioner had independently performed duties for one year where the petitioner was paid stipend of Rs. 950/- per month. As the petitioner was not absorbed in regular post, he addressed a representation to the respondent Corporation. However, he was not absorbed. Hence, the petitioner filed the petition before this Court. THErefore, the petitioner is claiming his right pursuant to the appointment under Apprenticeship Act to the vacancies which were available with the respondent Corporation. THE learned Single Judge has dismissed the petition. THErefore, being aggrieved by the order of the learned Single Judge, the petitioner has filed the present Appeal.