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2007 Supreme(Guj) 72

M.R.SHAH
PRANAV GANESHBHAI CHAKRAVARTY – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: BHASKAR P.TANNA, L.R.PUJARI, MAULIK NANAVATI, MIHIR JOSHI, Nikhil Kariel

( 1 ) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order of termination dated 19th August 1997. It is further prayed to direct the respondent authorities to treat the petitioner as continued in job as if the impugned termination order dated 19th August 1997 is never passed.

( 2 ) AT the outset, it is required to be observed that more than 50% of the posts in Departments falling under Medical Services, Public Health Services and Medical Education are being occupied by adhoc employees dehors the statutory recruitment rules and not being filled by the Gujarat Public Service Commission [for brevity sake gpsc ] selected candidates. It is required to be noted that the rules prescribed for recruitment to various posts in Medical Services, Public Health Services and Medical Education provide for appointment by direct selection and the recruitment rules clearly contemplate that selection will be made by the GPSC and inspite of such provision, as stated above more than 50% of the posts in aforesaid services are filled-in and occupied by ad-hoc Lecturers who




































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