BHANUBEN L CHOVATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petition challenges inaction on the part of the respondents in not appointing the petitioner on the post of Lecturer in Sociology in Gujarat Education Service Class-II (Collegiate Branch) at Government Arts, Science & Commerce Colleges.

(2.) The Gujarat Public Service Commission ("the GPSC" for brevity) issued advertisement inviting applications for appointment to the posts of Lecturer in Sociology in Gujarat Education Service Class-II (Collegiate Branch) at Government Arts, Science & Commerce Colleges. 19 posts were advertised, out of which 9 posts were reserved for SC/ST/SEBC candidates and the remaining 10 posts were for open merit candidates. By notice dated 22.9.2000, the GPSC published the select list and the waiting list. There is also no dispute about the fact that the petitioner's name was kept at Sr.No. 1 in the waiting list. The candidates in the select list as well as in the waiting list were also individually informed by separate letters dated 25.9.2000. In the said letter addressed to the petitioner (Annexure "B") it was stated that inclusion of the candidate in the waiting list did not confer any right of appointment and that the waiting list would remain in operation for a period of two years or till declaration of the result of the next examination, whichever is earlier.

(3.) Inspite of availability of GPSC selected candidates for the posts of lecturer in Sociology and in various other disciplines, the Government was not filling in the advertised posts for which the select lists were already forwarded by the GPSC in October 2000 or around that time for Sociology and other subjects. Some of the GPSC selected candidates, therefore, filed Special Civil Application No. 2395 of 2001 and cognate petitions. At the hearing of the said petitions, the State Government contended that the ad-hoc lecturers had earlier filed petitions for their regularization and that although their writ petitions were dismissed by the learned Single Judge, the Division Bench of this Court on 29.9.1999 had permitted such ad-hoc lecturers to make a representation to the State Government for their regularization and that, therefore, the matter was under consideration. This Court, therefore, by ad-interim order dated 4.5.2001 directed the Government to decide the representation of ad-hoc lecturers by 10.6.2001 and the hearing of SCA No. 2395 of 2001 and cognate petitions was adjourned to 15.6.2001. Affidavit dated 14.6.2001 came to be filed on behalf of the State Government stating that pursuant to the above interim order, the State Government decided to regularize the services of ad-hoc lecturers subject to certain procedure including reference to the GPSC to obtain its approval. Subsequently, however, another affidavit dated 30.8.2001 came to be filed on behalf of the State Government taking the stand that in view of the recommendations of the high level committee appointed by the Government to consider the issues, the State Government has decided that the candidates duly recommended by the GPSC should be given appointment by the State Government and that after accommodating GPSC selectees, if any vacancies are available, then ad-hoc lecturers can be continued.