DHIRAJLAL B PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) . Through this Appeal, judgment of Single Judge dated 9.9.1996 passed in Special Civil Application No.4794 of 1982 has been assailed.

(2.) . Shortly stated, the appellant (original petitioner) was appointed Demonstrator, Botanical Garden Division of Government Ayurvedic Pharmacy College at Rajpipla, vide --------------------------------------------------------- Whether reporters of Local Papers may be allowed to see the Judgment? order dated 9.8.1974. This appointment has been made under the Demonstrator (Government Ayurvedic Pharmacy College) Recruitment Rules, 1974. Through Government Resolution dated October 5, 1981, three categories of teaching posts in Government Ayurvedic Colleges, Demonstrator, Lecturer, Reader, have been upgraded with immediate effect, meaning thereby, from existing pay-scales to revised pay-scales. Thereafter, vide Resolution dated October 19/22, 1981, posts of Demonstrators and Lecturers have been classified Class-II posts and those of Readers, Class-I. Again, by Government Resolution dated April 21, 1982, it is clarified that Government Ayurvedic Pharmacy College at Rajpipla is a Government Ayurvedic College and does not belong to any other system of medicine and the posts of Demonstrators, Lecturers and Readers of the Government Ayurvedic Pharmacy College, Rajpipla, stood upgraded with effect from October 5, 1981. The respondents did not extend the relief of upgradation to the appellant despite repeated demands. Therefore, he challenged this inaction through Special Civil Application No.4794 of 1982. However, by the impugned judgment, claim has been rejected on the ground that the post of Demonstrator is not a teaching post, thereby accepting the contention of the respondents to that effect.

(3.) . Shri Mehul S.Shah, learned counsel for the appellant, contends that the post of Demonstrator held by the appellant in Government Ayurvedic Pharmacy College, Rajpipla, is a teaching post which is clearly demonstrated not only by certificate of Principal of the College dated January 21, 1980 but also by order of appointment dated August 9, 1974, Government Resolution dated October 5, 1981, clarification dated 19/22 October, 1981, etc.