MUKESH N DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants are persons who, having failed to get selected for appointment as Lecturers pursuant to the selection having been made by the G.P.S.C. and even having failed to get on to the waiting list, still want to continue to serve as Lecturers merely because they had, at one time, been appointed as such on ad hoc basis. Not only this, the appellant are general category candidates and they want to continue as ad hoc Lecturers against the reserved post.

(2.) Briefly stated, the facts are that selection was to ,be made, according to the advertisement of the G.P.S.C. of 25 candidates belonging to the general category and 16 candidates belonging to the reserved category for appointment as Lecturers in the subject of Applied Mechanics. Though the Government had sent necessary requisition to the G.P.S.C. in respect of 41 candidates, the recommendation which it received was only with regard to 25 persons belonging to the general category. No recommendation was made for filling up any of the 16 posts, which were reserved category posts. According to the learned Single Judge, the total number of sanctioned posts were 72. Out of 31 Lecturers, who had been regularly selected prior to 1992, only 20 Lecturers belonging to the general category were discharging their duties. Thus, after necessary requisition had been forwarded to the G.P.S.C. in respect of 25 candidates belonging to the general category and 16 candidates belonging to reserved category, 11 more posts in the general category had fallen vacant. The G.P.S.C., while recommending 25 candidates against the general category, also prepared a wait list of 14 selected candidates and the said list was also sent to the Government.

(3.) The appellants had earlier been appointed in 1990-91 as Lecturers and as the Notification appointing them specifically provided, their appointment was ". . . against vacant posts purely on temporary and ad hoc basis at the places shown against their names subject to the regularly selected candidates from G.P.S.C. or for eleven months whichsoever earlier in time ..." As already noticed, none of the appellants got selected in 1992 for the general category post and none of them was in the waiting list upto to Serial No. 11.