Gujarat High Court Case Information System
Print
MCA/1028/2010 2/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1028 of 2010
In
SPECIAL CIVIL APPLICATION No. 6003 of 2009
To
MISC.CIVIL
APPLICATION No. 1036 of 2010
In
SPECIAL CIVIL APPLICATION No. 6023 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To be
referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
MANALI
V KULKARNI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Opponent(s)
=========================================================
Appearance
:
MR
PR NANAVATI for
Applicant(s) : 1,
MR KAMAL TRIVEDI, ADVOCATE GENERAL WITH MS
SANGEETA VISHEN AGP for Opponent Nos.1 and 2 - State.
None for
Opponent(s) 4,
MR DG SHUKLA for Opponent No. 3,
None
for Opponent No.4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 28/04/2010
ORAL
JUDGMENT
RULE.
Ms.Sangeeta Vishen, learned Assistant Government Pleader waives the
service of notice of rule on behalf of the respondent Nos.1 and 2
State and Mr.D.G. Shukla, learned advocate waives the service of
notice of rule on behalf of the respondent No.3 GPSC, in each of
the applications.
With
the consent of the learned advocates appearing on behalf of the
respective parties, all these applications are taken up for final
hearing today.
In
all these applications, the respective applicants have prayed to
modify the judgement and order dtd.28/1/2010 passed in the Civil
Application No.13093 of 2009, by directing the respondents to
continue the appointment of the applicants as ad-hoc lecturer till
regularly GPSC selected candidates are available by making available
to the applicants the benefit of extension of time granted to the
respondents vide order dtd.28/1/2010 passed in Civil Application
No.13093 of 2009 and not to fill up the post of lecturers by
appointing another set of ad-hoc lecturers-Class-II, in lace of the
respective applicants and further in the event of the availability
of regularly selected candidates of the respective applicants may
not be terminated until the principle of Last Come First Go .
Mr.P.R.
Nanavati, learned advocate appearing on behalf of the respective
applicants does not press the rest of the reliefs prayed in these
applications except their prayer to continue them as
ad-hoc on the same terms and conditions as ordered by this Court
vide aforesaid judgement and order dtd.30/6/2009, till 31/12/2010 or
till the regularly selected candidates from GPSC are available,
whichever is earlier. Mr.P.R.
Nanavati, learned advocate appearing on behalf of the respective
applicants has also declared at the bar that none of the applicants
have initiated any
proceedings before this Court and/or any other Court for the relief
sought in the present applications.
Mr.P.R.
Nanavati, learned advocate appearing on behalf of the respective
applicants has stated at the bar that the respective applicants be
continued on ad-hoc on the same terms and conditions as per the
judgement and order dtd.30/6/2009 passed by this Court in Special
Civil Application No.5797 of 2009 and other allied
matters, more particularly para 19 of the aforesaid judgement and
order dtd.30/6/2009 and they shall not raise any grievance in
future.
Having
heard Mr.P.R. Nanavati, learned advocate appearing on behalf of the
respective applicants, Mr.Kamal Trivedi, learned Advocate General
appearing on behalf of the respondent Nos.1 and 2 State and
Mr.D.G. Ghukla, learned advocate appearing on behalf of the
respondent No.3 – GPSC, considering the judgement and order
dtd.30/6/2009 passed by this Court in Special
Civil Application No.5797 of 2009 and other allied
matters and subsequent order dtd.28/1/2010 passed by this Court in
Civil
Application No. 13093 of 2009, by which the State
Government has been granted further time to make appointment of
lecturers on regular basis in the Government Engineering and
Polytechnic Colleges in the State of Gujarat on or before
31/12/2010, the prayer of the respective applicants herein to
continue them as ad-hoc on the same terms and conditions as per the
judgement and order dtd.30/6/2009 passed by this Court in Special
Civil Application No.5797 of 2009 and other allied
matters, till 31/12/2010 and/or
till regularly GPSC selected candidates are available, can be
considered, otherwise there will be chaos and vacuum, which will not
be in the interest of the students and education, as observed in the
earlier judgement and order dtd.30/6/2009 passed by this Court in
Special
Civil Application No.5797 of 2009 and other allied
matters.
Under
the circumstances and for the reasons stated above, all these
applications are allowed to the extent that all the respective
applicants be continued as ad-hoc lecturers or the post held by them
on ad-hoc on the same terms and conditions as per the judgement and
order dtd.30/6/2009 passed by this Court in Special
Civil Application No.5797 of 2009 and other allied
matters, till 31/12/2010 or till the regularly GPSC selected and
appointed candidates are available, whichever is earlier. All these
applications are accordingly allowed to the aforesaid extent only.
For rest of the relief/prayer, the respective applications are
dismissed as not pressed. Rule is made absolute to the aforesaid
extent in each of the applications. In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
rafik
Top