NIDHI MANISH BHATNAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Gautam Joshi with learned Advocate Shri Vyom Shah on behalf of the petitioners, learned Assistant Government Pleader Shri Utkarsh Sharma on behalf of respondents no.1 and 3 and learned Advocate Shri Chaitanya Joshi on behalf of respondent no.2-Gujarat Public Service Commission.

(2.) By way of this petition, the petitioners inter alia raise a grievance that the case of the petitioners for promotion to the post of Professor Class I and Associate Professor Class I is not being considered by the State inspite of the fact that the petitioners have become eligible quite long back, as per the Recruitment Rules. It is submitted by learned Senior Advocate Shri Joshi that the Recruitment Rules published in the year 2019 inter alia specified that for the post of Professor candidate should have experience as Associate Professor for not less than 5 years and whereas the same experience is sought for from an Assistant Professor who wants to be promoted to the post of Associate Professor. It is submitted by the learned Senior Advocate Shri Joshi that though the petitioners are the only eligible candidates, yet since the Recruitment Rules do not specify ratio for promotion and direct recruitment, therefore inspite of the fact that petitioners have put in around 12 years of service, yet instead of considering their case for promotion the respondent authorities more particularly respondent no.3 has proposed to recruit candidates by way of direct selection for which purpose the Gujarat Public Service Commission has published the advertisement dtd. 5/11/2020, grievance with regard to which recruitment process is under challenge in cognate matters being Special Civil Application No. 12347 of 2021 and Special Civil Application No. 12348 of 2021.

(3.) Learned Assistant Government Pleader Shri Utkarsh Sharma submits that he would take appropriate instructions with regard to the decision of the respondent State authority of holding a direct recruitment for selection to the above mentioned posts more particularly in view of the query of the Court as regards the rational for holding direct recruitment when the Recruitment Rules inter alia permit appointment by promotion and whereas the petitioners who are working with the respondent State authority themselves are stated to be eligible for promotion.Having regard to the same, let the matters be listed on 29/9/2021 on which date the State shall file its reply.