MINAXI N BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these petitions raise identical questions of law in similar set of facts. The petitions are, therefore, with the consent of the learned advocates disposed of by this common judgment.

(2.) The petitioner in Special Civil Application No. 10972 of 2002 was appointed as Child Development Project Officer in Integrated Child Development Services [hereinafter referred to as, "ICDS"] in the year 1992. She has since been working as such. The I.C.D.S is sponsored by the Central Government. It has sanctioned certain posts to be created in ICDS. One of the cadres sanctioned is that of Programme Officer Class-I. The State Government has, under its Notification dated 25th October, 1996 issued in exercise of power conferred under proviso to Article 309 of the Constitution, framed the Recruitment Rules called as, "The Programme Officer, Class-I [Integrated Child Development Services] Recruitment Rules, 1996. Rule-2 thereof provides for appointment to the post of Programme Officer [Class-I] (ICDS) either by promotion of the Child Development Project Officers [Class-II] of proved merit & efficiency or by direct selection. Rule-3 thereof provides for the ratio between the direct selection and the promotion as that of 1:2. Rule-4 thereof provides for eligibility for appointment by direct selection. It further appears that the said post and the staff appointed are continued from year to year depending upon the continuance of the projects and the sanction received from the Central Government.

(3.) Pursuant to the advertisement published on 4th November, 1997, the said petitioner had applied for selection for appointment to the post of Programme Officer, Class-I. The petitioner was called for interview by the Gujarat Public Service Commission, the respondent no. 2 herein [hereinafter referred to as "the Commission"]. She was selected and was placed on the Wait List at Serial No. 2. Pursuant to her selection by the Commission and placement at Serial No. 2 on the wait list, on a representation made by the petitioner, she was appointed as a Programme Officer [Class-I] under Government Resolution dated 1 2/09/2001. The said appointment was made on adhoc basis for a period of one year, subject to, inter alia, the Commission according its approval to the said appointment. The Commission, however, did not grant approval. The said petitioner's service, therefore, was terminated under the Government Resolution dated 16th October, 2002. Feeling aggrieved, the said petitioner has preferred the above Special Civil Application No.10972 of 2002.