B R DEUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a tutor in B.J. Medical College, Ahmedabad, has filed this Special Civil Application No. 2846 of 1985 and prayer has been made for issuance of a writ of mandamus or any other writ, order or direction, quashing and setting aside the Resolution dated 7th February, 1984 and for restraining respondents No. 1 and 2 from placing respondent No. 3 as senior to the petitioner in the cadre of Assistant Professor. Under resolution annexure-A dated 7th February, 1984 the posts of Assistant Professor, GPHS Class I sanctioned for the post partum units at the four Government teaching hospitals viz., B.J. Medical College & Hospital, Ahmedabad, Medical College & S.S. General Hospital, Baroda; M.P. Shah Medical College & I.G. Hospital, Jamnagar; and Government Medical College & Hospital, Surat, were given the cadre of Assistant Professor of Obstetrics & Gynecology, GSS Class-I on Medical Education side. The petitioner has made grievance that this encadrement of the post of Assistant Professor, GPHS Class I into the cadre of Asstt. Professor of Obst. & Gynecology on Medical Education side will adversely affect the petitioner's seniority and consequent chances of further promotion. Respondent No. 3 contested this Special Civil Application by filing reply to the same. The counsel for both the parties have made manifold contentions in respect of their cases. But I do not consider it necessary to advert to all the contentions, as in my considered opinion this writ petition deserves to be dismissed only on the ground of conduct of the petitioner.

(2.) The petitioner and respondent No. 3 both were selected for the post of Professor in the discipline of Obst. & Gynecology on being selected by the Gujarat Public Service Commission. The petitioner was placed in the merit list at serial No. 11, whereas respondent No. 3 was placed at serial No. 7. Respondent No. 3 filed Special Civil Application No. 4036 of 1989 before this Court and prayer has been made for her appointment to the post of Professor in B.J. Medical College on and with effect from 1.7.1989, and the selection made by the GPSC has been questioned.

(3.) . During the pendency of the aforesaid Special Civil Applications, the petitioners were given appointment on the post of Professor, but not at Ahmedabad. Both these doctors do not want professorship, but they are more concerned with the place, i.e., Ahmedabad. Dr. (Mrs.) M.B. Shah was posted at Medical College, Bhavnagar, wheres Dr. B.R. Leuva was posted at Medical College, Vadodara. Copy of the Government Resolution passed in this regard has been produced in Court and the same is taken on record of the Special Civil Application. Both these doctors declined to accept the post of Professor. When these persons were given appointment on the post of Professor and they have not accepted the posting only for the reason that they have been posted elsewhere than Ahmedabad, they are not interested in seniority, but they really want place of posting of their choice. The matter would have come to an end if both the doctors would have accepted the appointment as Professor, but still they have not accepted the appointment. This Court will not permit them to continue with these petitions. Only on this conduct of these petitioners, both the petitions deserves to be dismissed, and accordingly both the petitions are dismissed.