JANKHANA JAYANTIBHAI PATEL Vs. DIRECTOR OF TECHNICAL EDUCATION

JUDGEMENT

(1.) At the outset, learned Assistant Government Pleader Ms. Shruti Dhruve for the respondents has submitted that the issue is squarely covered by the judgment of Division Bench dtd. 3/11/2023 passed in Letters Patent Appeal No. 1313 of 2022 and allied matters. She has submitted that in the present case, the appellant was appointed on adhoc - contractual basis and she was terminated, as her contract period got over by the order dtd. 24/8/2018. She has submitted that in fact, the appointment order itself reflects that it was adhoc appointment and in case, the regularly selected candidates from the Gujarat Public Service Commission were available, their services would be dispensed with. She submitted that identical issue has been considered by the Division Bench in the aforementioned case and hence, it is urged that the matter may be disposed of.

(2.) Per contra, learned advocate Ms. Mamta Vyas has submitted that in the case of the present appellant, she could not have been terminated in view of the data provided at Annexure-1 along with the Resolution dtd. 16/8/2018 as the posts were still available. She has referred that in the faculty / discipline of the present appellant, 70 sanctioned posts were available and hence, her services could not have been terminated.

(3.) We have heard the learned advocates appearing for the respective parties.