IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16341 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT =============================================

Approved for Reporting Yes No √

=============================================

SHAH TEJASKUMAR VINODCHANDRA Versus STATE OF GUJARAT & ANR.

=============================================

Appearance:

MR APURVA R KAPADIA(5012) for the Petitioner(s) No. 1 MR SIDDHARTH RAMI, AGP for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 18/03/2026

JUDGMENT

1. Heard Mr.Apurva Kapadia, learned advocate for the petitioner and Mr.Siddharth Rami, learned AGP appearing for the State respondents.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“ (A) Your Lordship may be pleased to quash and set aside the order passed by the respondent no.2 dated 15.07.2016 and further be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus and thereby direct the respondents herein to give the petitioner deemed date of promotion to the post of Associate Professor w.e.f. 27.02.2009 i.e. the date on which the juniors of the petitioner are promoted and further be pleased to direct the respondents to prepare a fresh merit list and further be pleased to direct the respondents to pay all incidental and consequential benefits of the post of Associate Professor w.e.f. 27.02.2009 including the difference of salary along with interest and the seniority.

(B) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay and suspend the implementation, execution and operation of the order passed by the respondent no.2 dated 15.07.2016 and further be pleased to direct respondents herein to give the petitioner deemed date of promotion to the post of Associate Professor w.e.f. 27.02.2009 i.e. the date on which the juniors of the petitioner are promoted.”

SHORT FACTS OF THE CASE :

3. By way of this petition, the petitioner seeks to challenge the impugned order dated 15.07.2016 passed by the Deputy Secretary, Education Department of the respondent State, whereby the said authority rejected the prayer of the petitioner for a deemed date of promotion on the ground that the petitioner was awarded the punishment of censure.

3.1 The petitioner was appointed as a Lecturer through direct selection on 08.12.1999. The petitioner was served with an adverse confidential report dated 15.06.2009 for the period from 19.07.2008 to 11.02.2009. The said adverse report was the subject matter of a writ petition, being Special Civil Application No. 14827 of 2010, which has been allowed by this Court vide its judgment and order dated 18.03.2026.

3.2 Apart from the aforesaid facts, when the candidature of the petitioner was to be considered for a promotional post, i.e., Assistant Professor, at the time of the Departmental Promotion Committee meeting on 19.02.2009, the petitioner was facing an inquiry. Accordingly, as per the rules of the State, his candidature was kept in a sealed cover.

3.3 Thereafter, on 08.02.2012, again a DPC met wherein, after considering the previous five years' ACRs of the petitioner, he was granted promotion on 26.09.2012 subject to the outcome of the aforesaid petition, being Special Civil Application No. 14827 of 2010.

3.4 The petitioner appears to have challenged the decision of granting him promotion w.e.f. 26.09.2012 before this Court by way of Special Civil Application No. 12079 of 2014, wherein this Court issued certain directions to decide the grievance of the petitioner, as it was not clear whether the criteria to grant promotion is on the basis of seniority-cum-

merit or merit-cum-seniority.

3.5 Upon remand of the matter, the aforesaid respondent authority, vide its impugned order dated 15.07.2016, rejected the request of the petitioner to grant him promoti