GAYATRI R. NAGAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition which is filed under Article 226 of the Constitution of India, the petitioner had prayed for the following reliefs :

(2.) Heard learned advocate Mr.A.D.Oza for the petitioner and learned AGP Mr.Rohan N Shah for respondent nos.1,3 and 4. Though served, none appears for respondent nos.2 and 5.

(3.) Learned advocate for the petitioner submits that the petitioner is possessing qualification of M.Sc.Ph.d. in Microbiology with higher second class in B.Sc. and M.Sc. The petitioner, therefore, is qualified to be appointed as lecturer in the respondent no.2 college. It is submitted that the petitioner came to be appointed as demonstrator in Microbiogy subject in the respondent no.2 college in the pay scale of Rs.500.00900/- vide order dtd. 20/1/1982. It is submitted that as per the rules and regulations, Staff Selection Committee of respondent no.1 called for name from employment exchange. The name of the petitioner was forwarded by the employment exchange. Thereafter, the interview of the petitioner was taken by the Selection Committee and the petitioner came to be selected as demonstrator on a substantive post. Thus, it is submitted that the petitioner has been appointed after following rules and regulations. At this stage, it is pointed out that the petitioner was placed in respondent no.2 college on the clear vacant post and as the post of demonstrator is falling under Class III, the question of selection for the said post by Gujarat Public Service Commission (GPSC for short) does not arise. It is also pointed out from the record that on reference by the government, it was made clear by the GPSC that looking to the appointment of the petitoner as demonstrator in Microbiology, it does not fall within its jurisdiction.