PRAKASHBHAI MANHARLAL UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioners, who are serving as District Ayurved Officer and Vaidya - Panchkarma respectively have challenged order dated 22.2.2013 at Annexure -E passed by the Deputy Secretary, Health and Family Welfare Department, Gujarat State whereby respondent No.4 who was serving as District Ayurved Officer came to be appointed by transfer as Assistant Director of Ayurved in Gujarat Ayurved Services, Class -I ("Assistant Director, Class -I" for short) on the vacant post at Gandhinagar.

(2.) The case, in brief, of the petitioners is that the post of Assistant Director, Class -I is to be filled in as per the Recruitment Rules prescribed vide notification dated 22.12.1969, and according to which, if the appointment to the post of Assistant Director, Class -I is to be made by transfer, it could be only of the person of proved merits and efficiency to be assessed from the eligible persons. The petitioners have averred that though both of them were qualified and eligible for being considered for appointment as Assistant Director of Ayurved, Class -I, they were not considered by the concerned Authorities and respondent No.4 was appointed by transfer at her request as Assistant Director, Class -I as if such post was to be filled in a routine administrative way without following the recruitment rules in letter and spirit.

(3.) It is the case of the petitioners that no para -meters are fixed or prescribed for assessing the merits and efficiency for the purpose of appointment by transfer to the post of Assistant DIrector, Class -Iand, therefore, the appointment given to respondent No.4 is being contravention of the recruitment rules is required to be quashed and set aside and the respondent Authorities are required to be directed to consider the case of the petitioners for appointment as Assistant DIrector, Class -Ias per the recruitment rules for the said post with other eligible persons by fixing the para -meters for assessing the proved merits and efficiency.