MADANJEE SARYU PRASAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Sandip H. Munjyasara, learned advocate appearing for the petitioner and Ms. Pooja K. Ashar, learned AGP appearing for the respondents.

(2.) The petitioner herein came to be appointed as Medical Officer, Class -II, on 18/3/1997 and is serving at Community Health Centre (CHC) at Khavda, Tal. Bhuj-Kachchh. The State Government floated a scheme for in-service training program/course of Diploma in Public Health and Management (DPHM) and other courses for Medical Officers of the State. As per the Government Gazette dtd. 2/11/1989 and 14/11/1989, the Medical Officer, who has completed this course of DPHM, would be entitled to get promotion in the higher post of ADHO and CDHO and more higher post like Additional Director in H & FW Department. As per the said scheme, the Government would bear the entire expenses of the course. The Government would be deputing the Medical Officer in DPHM training as per the H & FW department Government Resolution dtd. 29/8/1986.

(3.) Mr. Sandip H. Munjyasara, learned advocate appearing for the petitioner, submitted that the petitioner herein is seeking to undertake training for the PGDPHM under the DPHM course which would make the petitioner eligible for promotion in future. It is submitted that the petitioner's name has been erroneously not included in the list of the candidates selected for the DPHM course; the name having included in the list duly produced at Annexure - E. It is submitted that upon noninclusion of the petitioner name, the petitioner was constrained to approach this Court by preferring Special Civil Application No.604 of 2012 whereby, the respondent authority was directed to consider the case of the petitioner upon the statement being made by the petitioner that the petitioner would undertake the training at his own expenses. However, it is the case of the petitioner that there was a miscommunication and in view thereof, preferred Letter Patent Appeal No.1017 of 2012 wherein, the petitioner withdrew the Special Civil Application No.604 of 2012. Liberty was reserved to prefer a fresh representation. It is submitted that the petitioner preferred a fresh representation to the respondent authority on 12/3/2013 which was replied to by the respondent authority on 20/4/2013 and directed the petitioner to apply through the respondent No.4 as and when the Government issues Cricular with regard to DPHM course by Trivandrum Institute for the year 2014.