B R KULKARNI DR Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) The petitioner who holds the degree of M. SC. (Medical) and M. S. (Ortho.) is at present working as Assistant Professor of Anatomy at the B J. Medical College Ahmedabad. The post of Assistant Professor is a Class I Gazetted post under the State Government the first respondent herein. By a Memo dated August 25 1976 the Director of Medical Education and Research the second respondent herein communicated to the petitioner the adverse remarks made in his confidential report for the period 1975-76 that is to say from April 1 1975 to March 31 1976 The adverse remarks as communicated to the petitioner were in the following terms as is apparent from a copy of the Memo in question annexed to the edition at Annexure A :-

(2.) At the hearing of the petition the following grounds were urged on behalf of the petitioner in support of the challenge levelled against the impugned adverse remarks :

(3.) The second respondent was the Dean of the B. J. Medical College from April 1 1975 to May 22 1975 On and with effect from May 23 1975 he is occupying the post of Director of Medical Education and Research. Dr. Amin officiated as the Dean of the B. J. Medical College from May 23 1975 to February 2 1976 On and with effect from February 3 1976 Dr. Jindal became the Dean of the B. J. Medical College and he continued to occupy the said post till March 31 1976 and for sometime thereafter. It would appear therefore that during the period with which we are concerned herein that is to say from April 1 1975 to March 31 1976 three different persons held the office of the Dean of the B. J. Medical College. The second respondent held the said post during the early part for a period of nearly one month and three weeks and Dr. Jindal held the post during the last part for a period of nearly the same number of days. It is Dr. Amin who held the post for a substantial part of the period in question.