Point of Law: It is under this set of circumstances, that the impugned action of the authority is not only unjust and arbitrary but deserves to be corrected, which has been rightly done by learned Single Judge

JUDGMENT :

R.M.CHHAYA, J.

1. Feeling aggrieved and dissatisfied by the judgment and order dated 24.09.2020 passed by the learned Single Judge (Coram : A.J. Desai, J.) in SCA No. 10647/16, the appellants-original respondents no.1, 2 and 5 have preferred this appeal under clause 15 of the Letters Patent.

2. Heard Ms. Jyoti Bhatt, learned AGP for the appellants and Mr. Gautam Joshi, learned Senior Advocate assisted by Mr. Vyom Shah, learned advocate for respondent no.1-original petitioner on advance copy. The learned advocates appearing for the parties have also submitted their written submissions, which are taken on record and made basis of this judgment and order.

3. The facts giving rise to the present appeal can be summed up as under -

3.1 That the respondent no.1-original petitioner is holding qualification of BDS and post graduate qualification of MDS (Oral Medical Radiology). That the respondent no.1-original petitioner applied for the post of Tutor in response to the advertisement issued by Gujarat Public Service Commission and the respondent no.1-original petitioner came to be appointed as Tutor with the appellant no.2, i.e., Dean Government Dental College on 08.09.1992. The record indicates that after putting in service of about 9 years as Tutor, the respondent no.1-original petitioner was appointed as ad-hoc Assistant Professor w.e.f. 04.04.2001 and thereafter she was accorded regular promotion as Assistant Professor w.e.f. 16.05.2001 and the appellants themselves gave benefit of continuity to the respondent no.1-original petitioner in the post of Assistant Professor from the date of her appointment as adhoc Assistant Professor w.e.f. 04.04.2001.

3.2 Thereafter, the respondent no.1-original petitioner was appointed as ad-hoc professor from 28.03.2012 and she continued to work on the said post till date. It is the case of the respondent no.1- original petitioner that when she was appointed as Tutor in the year 1993, her services were governed by the Professors in the Dental Subject Recruitment Rules, 1974 (hereinafter referred to as the “Rules”). The record indicates that the 1974 Rules came into existence on 11.04.1974. It is the case of the petitioner that as she completed more than 5 years in Dental College as Assistant Professor, she was eligible for the post of regular Professor. Relying upon the similarly situated cases, it was contended by the respondent no.1-original petitioner, that she is entitled to promotion to the post of Professor.

3.3 The record indicates that meanwhile, by notification dated 02.12.2015, new rules came to be introduced known as Professor, Class I, in the dental subject in the Government Dental Colleges and Hospitals Recruitment Rules, 2015 (hereinafter referred to as the “2015 Rules”), wherein inter alia it was provided that a person would be entitled for promotion to the post of Professor, who has worked for not less than 5 years in the cadre of Reader or Associate Professor. Again by subsequent notification dated 11.05.2016, the appellant no.1 framed rules for the post of Reader/Associate Professor, Class-I, General State Service, in the dental subjects mentioned in the annexure at Government Dental Colleges and attached Hospitals Recruitment Rules, 2016, wherein it is provided that the person would be entitled for the promotion to the post of Associate if he/she has worked for not less than 5 years as a Lecturer or Assistant Professor. The record indicates that on new Rules of 2015 and 2016 being introduced, the respondent no.1-original petitioner was denied promotion on the ground of introduction of new Rules and hence, the respondent no.1 approached this Court by way of writ petition under Article 226 read with Articles 14, 16 and 21 and 309 of the Constitution of India, and inter alia prayed as under -

“(A) This Hon’ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the form of mandamus or any other appropriate writ, order or direction dire