DEVAN G DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this petition, under Article 226 of the Constitution of India, the petitioner's main grievance is not promoting him to the post of Professor (Forensic Medicine) on the ground that he is not M.D. (Forensic Medicine) / Pathology.

(2.) IT is the case on behalf of the petitioner that he was working as Tutor in Forensic Medicine and thereafter, he was promoted to the post of Assistant Professor and he worked as such for 9 (nine) years. It is the case on behalf of the petitioner that in the year 1988, Gujarat Public Service Commission ("G.P.S.C." for short) advertised for the post of Professor in Forensic Medicine. He applied for the said post and though he was selected, the respondents did not promote the petitioner to the post of Professor in Forensic Medicine, and, therefore, the petitioner has preferred the present Special Civil Application.

(3.) AFFIDAVIT -in -reply is filed on behalf of the respondents. It is submitted in affidavit -in -reply that as per the recommendations of Medical Council of India, right from 1983 till date qualifications required for the post of Professor in Forensic Medicine is M.D. (Forensic Medicine). It is also further submitted in reply that considering the recommendations of the Medical Council of India, even the State Government has framed Recruitment Rules and as per the Recruitment Rules qualification required for the post of Professor (Forensic Medicine) is M.D. (Forensic Medicine). It is submitted that the petitioner was only M.S.(General Surgery), he was not having requisite qualifications as per the Recruitment Rules as well as the recommendations of the Medical Council of India, and, therefore, the petitioner was not appointed. It is also further submitted in reply that during the pendency of the present Special Civil Application, the petitioner has submitted an application for voluntary retirement and before the same could be decided, the petitioner has voluntarily left his services. Shri Desai, learned Assistant Government Pleader has submitted that to the best of the information of the Department, the petitioner has left India and has settled abroad.