K D PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner holds the degree of M.Sc. (Medicine) in Physiology. He was appointed as Part-time Tutor and subsequently as a Full Time Tutor in Physiology at Medical College Baroda. Lateron he was confirmed in that post as he was selected as a Tutor by the Gujarat Public Service Commission. Thereafter he had applied to the Gujarat Public Service Commission for the post of Assistant Professor and he was selected by the said Commission. However respondent No. 1 - the State of Gujarat did not do anything for appointing him on the post of Assistant Professor in spite of several representations made by him after he came to be selected by the Gujarat Public Service Commission for the post of Assistant Professor. As his representation fall on deaf years he was constrained to file a writ petition being Special Civil Application No. 356 of 1987 in this High Court. On that writ petition interim orders were passed restraining the respondents from appointing anyone either by promotion or by direct recruitment from the waiting list in which the petitioners name appeared as one of the candidates selected for the post of Assistant Professor.

(2.) The aforesaid facts would show that the Government had decided to appoint the petitioner as Assistant Professor in Physiology. The petitioner was accordingly informed and he was told that he was being appointed as the Assistant Professor of Physiology but before he could taken charge of the post he would have to withdraw the Special Civil Application No. 3256 of 1987 which he had filed in the High Court for getting appointment/promotion to the post of Assistant Professor in Physiology.

(3.) Pursuant to the aforesaid development the petitioner as would be expected immediately on receipt of the letter dated April 30 1989 on May 2 1989 approached this Court and his advocate placed on record the letter dated April 30 1989 Annexure B to the petition and sought permission to withdraw the aforesaid Special Civil Application No. 3256 of 1987 This Court permitted the petitioner to withdraw the aforesaid petition discharged the Rule and vacated the interim relief. This has happended on May 2 1989 It is required to be remembered that the petitioner was assured by the letter Annexure B that he was being appointed as Assistant Professor of Physiology but before he could take charge of that post he would have to withdraw the aforesaid Special Civil Application No. 3256 of 1987 and only be thereafter that he would be enabled or permitted to take charge of the post of Assistant Professor of Physiology. Obviously the petitioner was interested in getting the post of Assistant Professor of Physiology. He received the letter Annexure B dated April 30 1989 and without wasting the time on May 2 1989 he withdrew the Special Civil Application No. 3256 of 1987 with a jubiliant hope that his claim for the post of Assistant Professor of Physiology was isueded by the Government and he was being appointed to that post but the only small hurdle before he can take charge of that post was the pendency of the Special Civil Application No. 3256 of 1987 which he was asked to withdraw and he immediately withdrew that petition. But Alas Once he withdrew that petition the respondent placed all its assurances in cold storage and though the petitioner made several representations requesting the Government to act upon its assurance given to him under Annexure B did not respond to those representations. As could be seen from what I have stated hereinabove not only that the Under Secretary to the Government in Health and Family Welfare Department had addressed the letter Annexure-B to the petitioner informing him that he was being appointed as Assistant Professor of Physiology and that he would have to withdraw his Special Civil Application No. 3256 of 1987 as a condition precedent to his taking charges as the Assistant Professor of Physiology but four days before the addressing of that letter Annexure B the respondent had written in similar terms to the Dean of Medical College under the letter dated April 26 1989