DR DEEPSHIKHA CHANDRABHANU TRIPATHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Pranav Dave, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent Nos.1 and 2, Mr. Manoj Popat, learned Advocate waives the service of notice of rule on behalf of the respondent No.3 and Mr. D. G. Shukla, learned Advocate waives the service of notice of ruie on behalf of the respondent No.4 - GPSC.

(2.) With the consent of the learned Advocates appearing on behalf of the respective parties and in the facts and circumstances of the case, present petition is taken up for final hearing today.

(3.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction directing the respondents Authorities to terminate the services of the respondent No.3 as ad-hoc professor in Anesthesiology and to operate the waiting list and offer post of Professor in Anesthesiology in Government Medical College, Bhavnagar. It is also further prayed for an appropriate writ, order and/or direction directing the respondents authorities to consider the petitioner for appointment on the vacant post by operating the said waiting list. During the pendency of the petition, as the State Government took a decision to fill up the advertised the post of Professor of Anesthesiology in Bhavnagar Medical College by promotion instead of operating selection list/waiting list, the petitioner has also prayed for appropriate writ, order and/or direction quashing and setting aside the communication/letter dtd.15/9/2009 (Annexure-H) by which it has been decided by the Government to fill up the vacant post of Professor in Anesthesiology in Bhavnagar Medical College by promotion and it has been decided to continue the respondent No.3 on ad-hoc till the person appointed by promotion resumes his duty.