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LPA/1238/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 1238 of 2009
In
SPECIAL CIVIL APPLICATION No. 2246 of 1991
With
CIVIL
APPLICATION No. 6320 of 2009
In
LETTERS PATENT APPEAL No. 1238 of 2009
=========================================================
DR.
R.M.PATEL - Appellant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
SIDDHARTH H DAVE for
Appellant(s) : 1,
MR PRANAV TRIVEDI, AGP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 04/03/2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
This
Appeal preferred under clause 15 of the Letters Patent arises from
the judgment and order dated 2nd March 2009 passed by the
learned Single Judge in above Special Civil Application No.2246/1991.
The
appellant then a Medical Officer Class-I filed the above Special
Civil Application No.2246/1991 to challenge the seniority of the
Medical Officers Class-I and to claim promotion to the post of
Medical Officer Class-I effective from the year 1986.
Learned
advocate Mr.Dave has appeared for the appellant. He has strenuously
urged that contrary to the recruitment rules the seniority of the
Medical Officer Class-I was arranged not on the basis of the
continuous officiation but on the basis of acquisition of
qualification of Diploma in Public Health.
The
relevant recruitment rules are found on page-93 of the paper book.
The rules clearly provide that the candidate must possess a
Degree or Diploma in Public Health, or Hygiene, or Sanitary Science,
recognised for registration as an additional qualification by the
Gujarat Medical Council . Thus, the argument of the learned
advocate runs contrary to the relevant recruitment rules and must
fail. The claim for promotion from the year 1986 is based on the
challenge to the aforesaid seniority list dated 7th June
1989. Hence, the claim for promotion should also fail.
The
learned Single Judge has rejected the claim on the grounds of delay
and laches also.
No
case for interference is made out. The Appeal is dismissed in limine.
Civil Application stands disposed of.
(M.D.Shah,
J.) (Ms.R.M.Doshit, J.)
/moin
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