PARMANAND G MAKHIJA DR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an interesting petition brought to this court by one candidate who had appeared before the respondent no. 2 the Gujarat Public Service Commission hereinafter referred to as the Commission for brevity's sake at the interview held for selection amongst others a tutor for Orthodontia for the Government Dental College at Ahmedabad run by the respondent no. 1 the State of Gujarat and headed by its Dean Dr. K. Bhargav the respondent no. 3 herein at which selection the respondent no. 4 was selected. His selection has been called in question by the petitioner an unsuccessful candidate inter alia on the ground that the selection of the respondent no. 4 was manoeuvred by the respondent no. 5 Dr. Malaowala whose son the respondent no. 4 is. The petitioner prays for the following main relief in this petition:

(2.) ?The petitioner in the year 1979 beginning was studying for the degree of Master of Dental Surgery with orthodontia as his subject. The petitioner had passed his B.D.S. examination securing the first rank amongst the first class students who appeared at that examination held by the Gujarat University. The petitioner was even awarded one Gold Medal for standing first in the final B. D. S. examination and he was awarded another Gold Medal for securing highest marks in the subject of Orthodontia. At the time of interview the petitioner was holding the post of a tutor on ad hoc basis in the subject of Prosthetic Dentistry.

(3.) There had come to be issued in the month of February 1979 22 to be exact the advertisement Annexure A for various posts of tutors at the Government Dental College at Ahmedabad. One of the posts was a post of a tutor in Orthodontia. The petitioner had applied for the post and so had applied the respondent no. 4. Some other candidates also were there. The interviews for the post were held on 25-4-1979. The petitioner had appeared as a candidate not only for that post but he had appeared for other six posts also. That very day the commission declared that the respondent no. 4 was selected. The petitioner thereafter had filed the present petition on 7-5-1979 for the above relief.