2019 Supreme(Guj) 457
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.J. SHASTRI, J.
Parmar Ramsinh Nathabhai & Ors. - Petitioners
Versus
State of Gujarat & Ors. - Respondents
R/Special Civil Application No. 9458 of 2017 With Civil Application (For Orders) No. 2, 3, 4, 5, 7, 8, 9, 1 of 2018, R/Special Civil Application No. 100 of 2018 With R/Special Civil Application No. 4140, 5721 of 2018, 8761, 8983, 9790, 15463 of 2017 With Civil Application (For Clarification) No. 1 of 2018, In R/Special Civil Application No. 15463 of 2017 With Civil Application (For Clarification) No. 2 of 2018, In R/Special Civil Application No. 15463 of 2017 With Civil Application (For Orders) No. 3 of 2018, In R/Special Civil Application No. 15463 of 2017 With Civil Application (For Joining Party) No. 4 of 2018, In R/Special Civil Application No. 15463 of 2017 With R/Special Civil Application No. 18167 of 2017
Decided On : 01-04-2019
For the Petitioner:Mr. A.S. Timbalia, Advocate, Mr. Nirav C. Sanghavi, Advocate, Mr. Yatin Oza, Sr. Advocate For Mr. M.N. Marfatia, Advocate, Mr S.N. Shelat, Sr Advocate For, Mrs. V.D. Nanavati, Advocate
For the Respondent: Ms. Sangita Vishen, AGP., Mr. Manish J. Patel
Headnote:
Constitution of India, Article 226 – Seeking regularise of service conditions – To confer benefit of permanency on that post of Lecturers held by them in different Government colleges and to give them all consequential benefits with effect from filing of this petition –To direct respondents, their agents and servants not to terminate the service of the present petitioners in any manner – Held, Government has issued a fresh advertisement for recruitment to posts of Professor on regular basis which is in fact not needed at all since the petitioners are already having sufficient experience and requisite qualification – Dismissed [Para 16, 17]
1. This group of petitions is arising out of similar background of facts and law. Learned advocates appearing for the respective parties have requested the Court to deal with and decide this entire group by treating Special Civil Application No.9458 of 2017 as a lead matter and accordingly by taking factual background from this lead matter, all these petitions are dealt with by present common judgment and order.
2. This lead petition, under Article 226 of the Constitution of India, is filed seeking following relief’s.
“(A) This Hon’ble Court may be pleased to admit this Special Civil Application;
(B) This Hon’ble Court may be pleased to issue an appropriate writ of mandamus or any other appropriate writ order or regularise the service conditions of the present petitioners and to confer the benefit of permanency on that post of Lecturers held by them in different Government colleges and to give them all consequential benefits with effect from filing of this petition.
(C) This Hon’ble Court may be pleased to issue an appropriate, writ order or direction to direct respondents, their agents and servants not to terminate the service of the present petitioners in any manner.
(D) This Hon’ble Court may be pleased to direct respondents to forthwith frame and implement the scheme to relax age and to select the qualified and experienced adhoc Lecturers/Contractual Lecturers through a limited competitive exams as suggested by this Hon’ble Court in its order dated 24.3.2011 passed in LPA No.2986 of 2012;
(E) That this Hon’ble Court may be pleased to allow this petition by issuing a writ or direction against the respondents to direct the respondents to consider the case for minimum pay scale of Lecturers as they have been appointed against sanctioned vacant post in the interest of justice.
(F) Pending admission, hearing and final disposal of this petition, the Hon’ble Court may be pleased to restrain the respondents from discharging the petitioners or terminating their services of the petitioners in any manner.
(G) Pending admission, hearing and final disposal of this petition, the Hon’ble Court may be pleased to direct the respondents to maintain status quo of the service condition of the petitioners
(H) To pass such other and further orders as may be deemed just and proper in the circumstances of the case.”
2.1 This petition is filed on the premise that present petitioners have been appointed on vacant post of Assistant Professor/Lecturer in Government Arts, Commerce and Science colleges and Government B.Ed. colleges, AMP Law College Rajkot respectively on contractual basis for a fixed period of 11 months or till regularly selected candidates by GPSC are available whichever is earlier.
2.2 The case of the petitioners that they are possessing requisite qualification for the post in question to which they are holding at present and the said appointment orders for 11 months are stated to have been extended from time to time. On oath, the petitioners have submitted that their appointments have been made on the basis of Government Resolution dated 17.06.2009 issued by Education Department and the appointments have been approved by Respondent No.2. All the petitioners have not produced their respective appointment orders with a view to avoid unnecessary burden on record of the case but have clearly asserted that all the petitioners are holding appointment orders.
2.3 The petitioners have rushed down to this Court by making a specific stand on oath that during the contract of their services, the Government has issued a fresh advertisement for recruitment to posts of Professor on regular basis which is in fact not needed at all since the petitioners are already having sufficient experience and requisite qualification. A further assertion which has been made that petitioners are apprehending that before the completion of their 11 months period, they may be removed from the service without following due process. Repeated averments have been made tha