SHANTILAL MAGANLAL PATEL Vs. NAGAR PRATHMIK SHIKSHAN SAMITI

JUDGEMENT

(1.) Challenge has been made by the petitioner, an officer of the Ahmedabad Municipal Corporation, to the order of the Corporation under which the respondent No.4 was appointed by promotion as Administrative Officer, Nagar Prathmik Sikshan Samiti, Ahmedabad Municipal Corporation.

(2.) Challenge has been made on the ground that the Corporation had decided to fill in this post by making open selection, and after inviting the applications the selection committee has prepared the select list and the name of Shri Kaushik Mehta who was at Sr. No.1 in merit list was sent for approval of the State Government but that name was not approved, and as such, the respondent-Corporation should have sent the name of the petitioner for his approval of appointment on the said post to the State Government who stood at Sr. No.2 in the merit list rather than to fill up that post by promotion. Second contention has been raised that the promotion of the respondent No.4 on the post aforesaid is malafide or a clear case of official malafide as he could not stand to merits in comparative to the petitioner and to favour him this promotion has been given.

(3.) Shri S.N. Shelat, Addl. Adv. General appearing for the Corporation and Shri S.M. Mazgaonkar, counsel who is appearing for respondent No.4, contended that the petitioner has no case. The selection committee has not prepared any waiting list and petitioner's claim is wholly baseless. It is next contended that it is always open to the Corporation to resort to the method of recruitment by promotion and precisely what it has been done to which no exception can be taken.