The court upheld the validity of the termination of the petitioner's services, ruling that the waiting list had expired before the termination occurred, thus negating any claim for reinstatement.

JUDGMENT :

VAIBHAVI D. NANAVATI, J.

1. Heard Mr. Bhuvnesh Gahlot, learned advocate appearing for Mr. N.K. Majmudar, learned advocate for the petitioner, Mr. Premal Joshi, learned advocate for the respondent no. 4 and Ms. Pooja Ashar, learned A.G.P. for the respondent nos. 1 to 3.

2. By way of the present petition, the petitioner has prayed for the following reliefs:

“(A) admit this petition.

(B) issue appropriate writ, order or direction, quashing and setting-aside the resolution passed by the concerned respondent authorities dated 18.3.2010 by which service of the petitioner has been put an end to and be pleased to hold that the action on the part of the concerned respondent authorities in terminating the services of the petitioner by passing resolution dated 18.3.2010 is illegal, arbitrary, illogical and irrational.

(C) issue appropriate writ, order or direction, directing the concerned respondent authorities to reinstate the petitioner to the post of Assistant Professor and to give appointment to the petitioner on permanent basis to the post of Assistant Professor in view of the fact that the petitioner’s name was figured at S. No. 3 in the waiting list prepared pursuant to the advertisement being No. 31/2007-08, there were six vacant posts of Assistant Professor when the waiting lists was in force.

(D) pending admission and final disposal of the present petition, be pleased to issue appropriate writ, order or direction, directing the concerned respondent authorities to reinstate the petitioner to the post of Assistant Professor with all consequential benefits of continuity of service till the aforesaid petition is finally heard and decided subject to final outcome of the petition.

(E) pass such orders as thought fit in the interest of justice.”

3. Briefly stated, the petitioner came to be initially appointed as Assistant Professor, Obstetric and Gynec at the Government Hospital, Surat in the pay-scale of Rs.10000-15200 with usual allowances on purely temporary and ad-hoc basis for a period of six months or till the post is filled up on regular basis or till further order, whichever is earlier, subject to the approval of the Government and pursuant to the directions issued in Special Civil Application No. 13294 of 2004. The said order of appointment is duly produced at Annexure-A at Page 12. The petitioner was thereafter, transferred from Medical College, Surat to M.P. Shah Medical College, Jamnagar by order dated 10.04.2007, which is duly produced at Annexure-C. The respondent no. 4-Gujarat Public Service Commission issued advertisement no. 31/2007-08 and the petitioner applied for the same for the post of Assistant Professor. The petitioner was called for interview however, the petitioner, by communication dated 02.03.2009, was informed that the name of the petitioner figured at S. No. 3 in the waiting list. It was communicated in the said communication that the said waiting list would be in operation for a period of 2 years from 23.08.2008 or till the result of the next examination for the said post is declared, whichever is earlier, which is duly produced at Annexure-D. The waiting list was in force upto 23.08.2010 or till the result of the next examination.

3.1. It is the case of the petitioner that as per the knowledge and information of the petitioner, two posts of the Assistant Professor, Obstetric and Gynec were filled-in in M.P. Shah Medical College, Jamnagar. The copy of the communication dated 29.03.2010 is duly produced at Annexure-E. It is the further case of the petitioner that from the said communication, it transpires that there were six permanent vacant posts of Assistant Professor and since the name of the petitioner figured at S. No. 3 and there were six posts, the concerned authorities ought to have operated the waiting list prepared pursuant to the advertisement no. 31/2007-08 and the petitioner ought to have been given appointment as Assistant Professor, Obstetric and Gynec inasmuch as, the waiting list could r