STATE OF GUJARAT Vs. BHAVIK M PATEL

JUDGEMENT

(1.) PRESENT application has been preferred by the applicants - State of Gujarat through Additional Chief Secretary, Technical Education Department, Gandhinagar and others, inclusive of the Director of Technical Education, Gandhinagar for the following reliefs:-

(2.) MR. KAMAL Trived, learned Advocate General appearing with Ms. Sangeeta Vishen, learned Assistant Government Pleader appearing on behalf of the applicants has stated at the bar that so far as the prayer in terms of para 8 (A) is concerned, a separate application shall be filed and therefore, the applicants may be permitted to withdraw the present application qua prayer in terms of prayer 8 (A) is concerned with a liberty to file a separate application for the same relief. It is requested to consider the prayer in terms of para 8 (B) so far as the present application is concerned. Permission is accordingly granted. The applicants are permitted to withdraw the present application qua prayer in terms of para 8 (A) with a liberty in favour of the applicants to file a fresh application for the same relief. As and when such an application is filed, the same shall be considered in accordance with law and on merits. In view of the above, now the present application is required to be considered by this Court to modify the judgement and order passed by this Court dtd. 30/6/2009 passed in main Special Civil Application No. 5797 of 2009 granting permission to the applicants to appoint 1540 Lecturers (which is subsequently reduced to 908 posts of Lecturers) in various Government Engineering and Polytechnics in the State on contractual basis till GPSC selected candidates are available or for a period of 11 months, whichever is earlier.

(3.) BEFORE considering the present application on merits, few facts leading to the decision of this Court in Special Civil Application No. 5797 of 2009 and other cognate matters as well as directions issued by this Court in the said decision are required to be considered:-Special Civil Application No. 5797 of 2009 and other cognate Special Civil Applications came to be filed by the respective petitioners serving as ad-hoc Lecturers in different Government Engineering and Polytechnic institutes in the State challenging the action of the State in terminating their services as ad-hoc Lecturers. In the said group of petitions, after considering the various decisions of the Hon'ble Supreme Court as well as this Court, more particularly earlier decision of the Division Bench of this Court in the case of K. D Vohra Vs. Kamleshbhai Gobarbhai Patel, reported in 2003 (2) GLR 1343, by which the Division Bench has, as such, deprecated the policy of the State Government in making appointments on ad-hoc basis and continue the same for years together and not filling up the posts of regularly selected candidates by GPSC, issued certain directions taking a note of the facts that at the relevant time out of 2948 posts of Lecturers in various Government Engineering and Polytechnic Institutions in the State, only 1148 posts of Lecturers were filled in/occupied by regularly GPSC selected candidates and 1800 sanctioned posts of Lecturers were still vacant to be filled by regularly GPSC selected candidates and out of the aforesaid 1800 sanctioned posts, approximately 1100 posts were occupied by the ad-hoc Lecturers, like the said petitioners. The following directions have been issued by this Hon'ble Court in the aforesaid Special Civil Application No. 5797 of 2009 and other cognate matters :-Out of 420 posts of lecturers for which requisition was send by the State Government in the year 2005, so far as 80 posts of lecturers for which recommendations have been send to the State Government after written as well as oral interview, the State Government shall take immediate steps to issue appointment orders in accordance with law and on merits and make necessary appointments as per recommendations of GPSC within a period of 4 (four) weeks from today without fail.