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2022 Supreme(Guj) 1369
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Biren Vaishnav, J.
Hiteshkumar Ramanbhai Patel – Petitioner
Versus
State Of Gujarat – Respondent
Civil Application (For Direction) No. 1 of 2021, 2 of 2019, Civil Application (For Interim Relief) No. 1 of 2022, Civil Application (For Joining Party) No. 1 of 2021, 2, 3 of 2022, Civil Application (For Vacating Interim Relief) No. 1 of 2020, Civil Application (For Vacating Interim Relief) No. 1 of 2022, R/Special Civil Application No. 10427, 10555, ,10943 of 2021, ,15023, 15183, 16013, 16676, 16676, 6771 of 2020, 14694, 14695, 16165, 16396, 17467, 17521, 17791, 17792, 18352, 18485, 18831, 18921 of 2019, 2271, 2271, 2670, 3253, 5249, 5982, 6223, 6899, 7038, 7044, 7045, 8479, 9220, 9456, 9467 of 2021
Decided On : 07-10-2022
Advocate Appeared:
For the Petitioner: Mr Si Nanavati, Sr Counsel With Mr Vandan Baxi, Ms Prachiti V. Shah For Nanavati & Nanavati, Mr DC Dave, Sr Counsel With Mr Jigar Patel, Mr Utpal Panchal, Mr Virat Popat, Mr. Ekrama H Qureshi, Mr SP Majmudar, Mr PA Jadeja, Mr Ullash N Gohil, Mr Rajendra Patel, Mr Prerak P Oza
For the Respondent: Mr Rutvij R Patel, Mr Chaitanya S. Joshi, Mr Alkesh Shah, For Mr Utkarsh Sharma, AGP
Headnote:(A) Constitution of India - Articles 14, 16, 21, and 315 - Government Resolutions dated 7.2.2020 and 27.7.2020 for reduction in sanctioned posts and student intake in engineering colleges - Resolutions found not to contravene the norms of the AICTE; valid based on data demonstrating a decrease in student admissions in the past five years - Directions for appointment orders to GPSC recommended candidates and dismissal of petitions by ad hoc employees affirmed - Court upheld the temporary nature of ad hoc appointments, ruling they did not confer indefinite rights. (Paras 24, 30, 54, 55)
(B) Employment and Public Service - Rights of ad hoc employees - Court ruled that ad hoc hires cannot claim permanent positions upon the availability of regularly selected candidates, affirming submissions regarding constitutional mandates for recruitment procedures; notifications regarding intake and recruitment processes correctly addressed under the previous frameworks. (Paras 25, 26, 51)
| Table of Content |
|---|
| 1. petitioners are ad hoc staff in government engineering colleges. (Para 3 , 4 , 5) |
| 2. government issued advertisement for posts yet appointments delayed. (Para 6 , 7 , 8) |
| 3. concern over status quo orders affecting regular appointments. (Para 11) |
| 4. ad hoc staff challenges validity of government resolutions. (Para 13 , 14 , 15) |
| 5. discussion on recruitment process and implications of appointments. (Para 21 , 22) |
| 6. reduction in sanctioned teaching posts due to declining enrollments. (Para 44 , 45) |
| 7. conclusion directing issuance of appointment orders for selected lecturers. (Para 54) |
JUDGMENT :
1. Rule returnable forthwith. Learned Assistant Government Pleader Mr. Utkarsh Sharma as well as respective learned advocates waive service of notice of Rule for the respective respondents in all these petitions.
2. With the consent of the learned advocates for the respective parties, all these petitions alongwith Civil Applications were taken up for final hearing.
3. All these petitions except two i.e. SCA Nos.2271 of 2021 and 2670 of 2021 have been filed by Lecturers and / or Assistant Professors in Government Engineering Colleges and Government Polytechnics. They are serving as on an ad hoc basis / contractual basis in various branches of Engineering, namely; Electrical, Mechanical Engineering, Electronics and Communications etc.
4. Pursuant to advertisement given by the Gujarat Public Service Commission (for short, `the GPSC’) in the years 2015-16 for 111 posts of Lecturers and 87 posts of Assistant Professors, the GPSC declared the results on 13.6.2019 declaring 111 candidates as successful to be recommended for appointment. Similarly, for the post of Assistant Professors, 87 candidates were recommended by the GPSC.
5. As a result of such recommendation, for appointment of regularly selected GPSC candidates, the ad hoc Assistant Professors and Lecturers respectively faced the prospects of termination. Some of them either were terminated whereas some of them in the petitions so filed by such ad hoc Lecturers / Assistant Professors are continued in service because of the orders of status quo granted in these petitions.
SCA No.5982 of 2021, 10427 & 2021 and other allied matters:
6. These petitions have been filed by the petitioners for a direction to the respondents to appoint the petitioners to the posts of Lecturers, Mechanical Engineering, G.E.S., Class-II. A further prayer is made to quash and set aside the GR dated 27.07.2020 and also to quash and set aside the revised final result dated 24.05.2021 by upholding the final result issued on 30.06.2019.
7. It is the case of the petitioners that the Gujarat Public Service Commission issued an advertisement in the year 2015-16 inviting applications from eligible candidates to the posts of Lecturers, Mechanical Engineering, Government Polytechnic Class-II for 111 vacant posts. The applications were to be submitted between 24.11.2015 and 09.12.2015. The preliminary examinations were held on 23.10.2016 of which the results were declared on 23.05.2017. On 25.01.2018, the respondents decided to stop further process of recruitment due to the likelihood of change in policy by AICTE from 2018-19. That decision was reversed on 20.08.2018 whereby the respondent No.2 decided to further the process of recruitment which was stopped.
8. It is the case of the petitioners that the AICTE in July, 2018 issued a Public Notice clearly directing that the State Government and the Universities may ensure that downsizing of the faculties due to revised faculties student ratio should not be done by any AICTE approved institution.
9. On 11.01.2019, the State issued a communication directing the GPSC to resume the recruitment process wherein it was mentioned that there will be no reduction to the declared 111 vacancy positions. A notification to that effect was issued on 24.01.2019. On 16.04.2019, a list o
