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MCA/1126/2010 4/ 4 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1126 of 2010
In
SPECIAL
CIVIL APPLICATION No. 5921 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 ?
=========================================================
PATEL
RUCHITA LALBHAI - Applicant(s)
Versus
STATE
OF GUJARAT & 2 - Opponent(s)
=========================================================
Appearance
:
MR
SI NANAVATI SR.ADV.WITH MS ANUJA S NANAVATI
for
Applicant
MR KAMAL TRIVEDI ADVOCATE GENERAL WITH MS SANGEETA
VISHEN AGP for Opponents Nos.1 & 2 - State,
None for Opponent
No.3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 30/04/2010
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.
With
the consent of the learned advocates appearing on behalf of the
respective parties, present application is taken up for final
hearing today.
In
the present application, the applicant has prayed for an order to
extend the date i.e.30/4/2010 as stated in 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 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.
Mr.S.I.Nanavati,
learned senior advocate appearing on behalf of the applicant does
not press the rest of the reliefs prayed in the present application
except the aforesaid prayer/relief. Mr.S.I.Nanavati, learned senior
advocate appearing on behalf of the applicant has also declared at
the bar that the applicant has not initiated any proceedings before
this Court and/or any other Court for the relief sought in the
present application.
Mr.S.I.
Nanavati, learned senior advocate appearing on behalf of the
applicant has stated at the bar that the applicant 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 the applicant shall not raise any grievance
in future.
Having
heard Mr.S.I. Nanavati, learned senior advocate appearing on behalf
of the applicant and Mr.Kamal Trivedi, learned Advocate General
appearing on behalf of the respondent Nos.1 and 2 State and
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 applicant herein to continue her 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, present
application is allowed to the extent that the applicant be continued
as ad-hoc lecturers or the post held by her 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. Present
application is accordingly allowed to the aforesaid extent only.
Rule is made absolute to the aforesaid extent only. In
the facts and circumstances of the case, there shall be no order as
to costs.
[M.R.
SHAH, J.]
rafik
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