( 1 ) IN this Special Civil Application it is the prayer of the petitioner that the Respondent Gujarat Ayurved University be directed by an appropriate writ order or direction to treat her as a permanent employee as Midwife in the Hospital run by the University. The petitioner has further prayed that the respondent may be ordered to desist from discontinuing the petitioner from service as Midwife in the Hospital of the respondent.

( 2 ) IT is the contention of the petitioner that the petitioner was first appointed by the order dated 27/06/1985 for a period of three months as a Midwife. Thereafter the respondent continued the petitioner on the said post by giving appointment orders for three months with some 1 or 2 days of artificial break. The last order which she has produced on record is at Annexure G which is dated 11/03/1987 which months that the petitioner was appointed purely on temporary basis for a period of three months as a Midwife against the post of Staff Nurse. The order further states that after the period of three months is over the petitioner would be deemed to have been relieved. The petitioner has also annexed an advertisement issued by the respondent inviting applications from the candidates for the various posts wherein applications for the post of Midwife are also invited. One of the essential qualifications for the said post is that the candidate should not be more than 35 years.

( 3 ) THE learned Advocate for the petitioner vehemently submitted that since 1985 the petitioner is in service of the respondent except few days artificial break and therefore the petitioner should be made permanent on the post on which she is working and therefore the respondent should be restrained from terminating the petitioners services because the said termination would be in violation of Arts. 14 and 16 of the Constitution of India.

( 4 ) ON behalf of the respondent the Registrar of the Gujarat Ayurved University has filed Affidavit-in-reply. It has been pointed out that the petitioner had applied for appointment to the post of Midwife. She was considered on 2-3-1985 by a Selection Committee duly constituted under the provisions of Ordinance 54 of the Gujarat Ayurved University Act. The Selection Committee did not find the petitioner fit for the post. However a few posts of Staff Nurse in the Institute of Postgraduate Teaching Research of Gujarat Ayurved University were lying vacant. The petitioner was offered ad hoc appointment for a period of three months on a purely temporary basis. It has been clarified that the petitioner was not selected by the Staff Selection Committee for appointment on regular post and that the appointment dated 27-6-1985 was not in pursuance of the selection by the Selection Committee. It has been further pointed out that as per recruitment rules for the post of Midwife the qualifying age of the candidate is 35 years and that at the subsequent interview the petitioner was not qualified in view of the eligibility criteria as she was more than 35 years. But after taking sympathetic view towards the petitioner she was offered the post on ad hoc basis and therefore there was no question of any arbitrariness on the part of the University. It has been pointed out that the petitioner has been appointed purely on ad hoc basis whenever there is vacancy.

( 5 ) IN my view once the petitioner is not selected by the Selection Committee of the respondent the petitioner has no right to be appointed on the post merely on the ground that she was offered post for a few months on ad hoc basis. The appointment order produced with the petition clearly indicates that against the post of Staff Nurse the petitioner was appointed a Midwife purely on a temporary basis for a period of three months. For the post where there are recruitment Rules which provide that the recruitment to the post should be in accordance with the Rules by a Selection Committee by following proper procedure it cannot be said that th