R K JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The gist and genesis of the litigative journey to the stage of Letters Patent Appeal under Clause 15 of the Letters Patent is the appointment of respondent No.3, out of the select list for the post of Assistant Regional Transport Officer, by the respondent Nos.1 and 2 authority by virtue of a notification dated 27.5.1980, on probation for a period of two years with effect from the date of his taking over the charge, issued by the Home Department of the State of Gujarat, and whereby also, the respondent No.3 was posted in the office of the Regional Transport Officer, Ahmedabad. Therefore, the main challenge is against the aforesaid notification, whereby, the respondent No.3 Mr.Makwana came to be appointed.

(2.) The appellant-original petitioner has questioned the legality and validity of the said appointment order on various grounds. He, inter alia, contended that he was selected by the Gujarat Public Service Commission (GPSC) for the post of Assistant Regional Transport Officer (ARTO) in August 1978. The select list was to be valid for a period of two years, and as such it was to expire on 27.8.1980 as per the Government Circular dated 4.4.1979. The appellant-original petitioner has pleaded that he was selected along with two other candidates who were given appointments to the post of ARTO before the expiry of the said select list. According to the contention of the appellant, the respondent No.3 Mr. Makwana, who was previously selected by the GPSC as a candidate for the post of ARTO, was appointed by the impugned order despite the fact that the select list had expired in May 1978.

(3.) The contentions and averments made in the petition came to be traversed and controverted by the respondents. A joint stand was taken by them that the impugned appointment of respondent No.3 was in accordance with the rules and service regulations out of the select list prepared by the GPSC which, at the relevant point of time, was operating. The learned single Judge, after having taken into consideration the facts and circumstances, the rival submissions and the proposition of law, reached the conclusion that the challenge against the impugned appointment order was meritless. Therefore, the petition came to be dismissed. Hence, this Letters Patent Appeal at the instance of the original petitioner by invoking Clause 15 of the Letters patent.