GURJAR DASHRATHBHAI BABABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.K.B.Pujara, learned advocate for the petitioner.

(2.) In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is to send the petitioner's name to the State Government and give appointment to the petitioner as Veterinary Officer, Class-II, Agriculture & Co- operation Department, pursuant to the advertisement No.34 / 2016-17 on the vacancy which has arisen due to the resignation of one SEBC candidate, Dr.Urvish P. Mistry.

(3.) Facts in a nutshell would indicate that the petitioner, pursuant to the advertisement dtd. 1/8/2016, for the purposes of Veterinary Officer in Gujarat Animal Husbandary Services, Class-II, applied for the new vacancies on SEBC, which were 31 in number. The Gujarat Public Service Commission (for short "GPSC") sent 120 selected candidates to the State Government for appointment. It is the case of the petitioner that in merit, at serial No.20, Dr.Jayesh Mansinhbhai Chaudhary, SEBC candidate, did not remain present, and therefore, his appointment was kept pending. Since the vacancy remained unfulfiled, the State Government called for an alternative name of the SEBC candidate by a letter dtd. 25/2/2019, wherein, the GPSC recommended the name of one Dr.Mehul Rathod. An additional vacancy arose in the SEBC category on the resignation of one Dr.Urvish P Mistry who resigned within one year from his appointment, which vacancy ought to have been filled up by operating the wait list. The name of the petitioner, therefore, automatically ought to have been considered as he was at serial No.2 in the wait list.