PRANAV GANESHBHAI CHAKRAVARTY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order of termination dated 19th August 1997. It is further prayed to direct the respondent authorities to treat the petitioner as continued in job as if the impugned termination order dated 19th August 1997 is never passed.

(2.) At the outset, it is required to be observed that more than 50% of the posts in Departments falling under Medical Services, Public Health Services and Medical Education are being occupied by adhoc employees dehors the statutory recruitment rules and not being filled by the Gujarat Public Service Commission [for brevity sake 'GPSC'] selected candidates. It is required to be noted that the rules prescribed for recruitment to various posts in Medical Services, Public Health Services and Medical Education provide for appointment by direct selection and the recruitment rules clearly contemplate that selection will be made by the GPSC and inspite of such provision, as stated above more than 50% of the posts in aforesaid services are filled-in and occupied by ad-hoc Lecturers who were initially appointed by way of stop-gap arrangement till candidates selected by the GPSC are appointed on regular basis. However, the said adhoc appointments continues for years together giving a chance to ad-hoc Lecturers/appointees to claim for regularization on the ground that they are continued on adhoc basis since years.

(3.) It is the case on behalf of the petitioner that he is holding degree in MBBS and was working as Medical Officer in Primary Health Centre, Kharod, Taluka Vijapur, Dist-Mehsana. However, he has chosen to serve as a Tutor in Physiology Subject under the State Government. By order dated 14.6.1994 he was appointed as an 'Adhoc Tutor' in Physiology. It is the case on behalf of the petitioner that he was selected by the GPSC for the post of Medical Officer, Class-II, but due to his interest in gaining deep knowledge and imparting the same to the students he has chosen to remain as 'Tutor' giving up his chance to be appointed as Medical Officer. It is submitted that the appointment order of the petitioner dated 14.6.1994 does stipulate the condition that the adhoc appointees are subjected to selection procedure adopted by GPSC and if they fail therein or even if they fail on making application to the GPSC in pursuance to the advertisement then his services are liable to be terminated. It is submitted that there are 9 sanctioned posts available in the Baroda Medical College and there are many more posts of Tutor in Physiology available all over Gujarat and so far as the Medical College, Baroda is concerned, out of those 9 existing posts, 4 posts are being manned by regularly selected GPSC appointees/Tutors in Physiology and 4 posts are occupied by persons like petitioner who are all ad-hoc appointees, and one post was lying vacant. That by impugned order dated 19.8.1997 the petitioner's services were sought to be terminated and therefore the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.