SHAILESH M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Dave, learned AGP waives service of rule on behalf of respondent No. 1. Mr. D. G. Chauhan, learned Advocate waives service of rule on behalf of respondent No. 2. Mr. K. B. Pujara, learned Advocate waives service of rule on behalf of respondent Nos. 3 and 4. Mr. Paresh Upadhyay, learned Advocate waives service of rule on behalf of respondent No. 5. As common question of law and facts arise in all these petitions, they are being disposed of by this common judgment and order.

(2.) IN all these petitions respective petitioners have prayed for an appropriate writ, direction and/or order quashing and setting aside communication dated 16. 03. 2007 (Annexure - E) as well as 30. 03. 2009 (Annexure H) providing for promotion as additional source of appointment to the posts of Assistant Professors and equivalent as illegal, contrary to the Act, Resolutions and the directives issued by the ICAR. It is also prayed to hold that the posts in the cadre of Assistant Professors and its equivalent can be filled in only by direct recruitment by an all India advertisement from amongst the candidates possessing requisite qualifications including NET.

(3.) MR. G. M. JOSHI, learned Advocate as well as Mr. Paresh Upadhyay, learned Advocate appearing on behalf of the respective petitioners have vehemently submitted that as per Government Resolution dated 20. 03. 1989 post of Assistant Professor is required to be filled in only by way of direct recruitment and without any modification and/or fresh Resolution, communication dated 16. 03. 2007 by some Section Officer of Agriculture and Rural Development Department providing promotion to the post of Assistant Professor is absolutely illegal and most arbitrary. It is submitted that some of the Agriculture Officers preferred Special Civil Application No. 13670 of 2007 before this Court challenging communication dated 16. 03. 2007 seeking the prayer that they were entitled to be promoted to the post of Assistant Professor as per the Notification dated 14. 10. 1986 and in the said Special Civil Application respondent University has specifically admitted that post of Assistant Professor cannot be filled in by way of promotion as per Government Resolution dated 20. 03. 1989. It is further submitted that communication by Section Officer of Department, in the present case communication dated 16. 03. 2007 cannot override Government Resolution dated 20. 03. 1989 which has been issued under the seal of His Excellency the Governor of Gujarat. It is further submitted that as such even considering communication dated 16. 03. 2007 a representation was made by the Vice Chancellor of respective Universities to regularize promotions which were granted in the year 1990 1991 to the post of Assistant Professor which were given contrary to the Government Resolution dated 20. 03. 1989. It is further submitted that not only that but even Gujarat Agriculture University vide its resolution dated 04. 05. 1993 deleted the provision of promotion to the cadre of Assistant Professor. Therefore, action of the respondents in filling up the post of Assistant Professor by way of promotion is illegal which deserves to be quashed and set aside and concerned respondents are to be directed to fill up the post of Assistant Professor by way of direct recruitment as per Government Resolution dated 20. 03. 1989. Therefore, it is requested to allow all these petitions.