Gujarat High Court
Abhishek vs State on 15 November, 2011
Author: Anant S. Dave
Bench: Anant S. Dave
Gujarat High Court Case Information System
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SCA/16027/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 16027 of 2011
=========================================
ABHISHEK
PRABHATSINH PARMAR - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================
Appearance
:
MR GM JOSHI for Petitioner(s) :
1,
MS JIRGA JHAVERI ASST. GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED BY DS for Respondent(s) : 1, 3,
MRS VD
NANAVATI for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 15/11/2011
ORAL
ORDER
1. This petition under Article 226 of the Constitution of India is filed by the petitioner seeking direction from this Court to respondents to continue the petitioner on the post of tutor in the subject of Operative Dentistry at Government Dental College and Hospital at Ahmedabad as per the terms of the appointment as ad-hoc tutor and further direction to the respondents to modify the appointment order dated 11th October, 2011 accordingly.
2. The petitioner having basic degree of Bachelor of Dental Surgery from Government Dental College at Ahmedabad by securing gold medal from the University had undergone internship and joined three year post graduate course in Operative Dentistry and the term would finally end by May/June 2012. At the same time as per order dated 25.2.2009 the petitioner was appointed as a tutor on temporary and ad hoc basis. Upon issuance of advertisement and regular recruitment undertaken by Gujarat Pubic Service Commission in the cadre of General State Service Class-II for the post of tutor in Operative Dentistry and came to be appointed accordingly and by an order dated 11th October, 2011 of Health and Family Welfare Department, State of Gujarat the petitioner along with other appointees came to be posted at Government Dental College at Jamnagar on certain terms and conditions.
3. Mr. Gautam Joshi, learned advocate for the petitioner would contend that along with performing duties as ad hoc and temporary tutor in the subject of Operative Dentistry at Government Dental College and Hospital at Ahmedabad the petitioner is also pursuing his post graduation degree in the same subject which will end by June, 2012 and resuming duties at Government Dental College and Hospital, Jamnagar in terms of appointment order dated 11th October, 2011 would result into discontinuation of his study which would deprive him of various benefits including post graduate qualification in the subject. Mr. Joshi, learned advocate, however, would submit that no doubt the petitioner is duty bound to resume the duty at Jamnagar but at the same time as per his information appointee at Sr. No. 2 hailing to schedule tribe has not been able to resume the duty at the place of posting namely Government Dental College and Hospital at Ahmedabad and further appointee at Sr. Nos.1 and 2 belong to reserve category like the petitioner and further appointee Nos.4 and 5 belong to general/open category who are now posted at Jamnagar. So far as appointee No.5 hail from Rajkot, it is therefore submitted that when the GPSC has recommended the candidates and appointment orders are issued by appointing authority the case of the petitioner deserves to be considered in light of the facts that he hails from schedule caste with brilliant academic record having secured gold medal in the subject in a basic discipline of Dentistry, since the petitioner is now pursuing his post graduate and would be completing it by the end of June, 2012 and is further ready and willing to join Government College and Hospital at Jamnagar on completion of his post graduation after June, 2012 without claiming any further right.
4. Ms. Jirga Jhaveri, learned AGP however has reservations about submissions made as above in view of issuance of order of appointment by the authority which is based on merit of successful candidates recommended by GPSC and further appointees at Sr. Nos. 4 and 5 ahead in the order of appointment are not before this Court who may also claim posting at Ahmedabad in case if appointee No. 2 is unable to join the duty at Ahmedabad. Learned AGP would further submit that in terms of the appointment order the petitioner is duty bound to resume his duties at Government Dental College and Hospital at Jamnagar. Besides, she has no specific information about inability on the part of appointee No.2 to resume duty at Ahmedabad.
5. Upon consideration of submissions made by learned advocates for the parties and on perusal of the record one of the ground for consideration of the case of the petitioner as prayed for is pursuation in post graduation in the subject of Operative Dentistry which is likely to end by June, 2012 and the petitioner who hails from lower strata of society having secured gold medal in graduation and further rendered services as a temporary ad hoc tutor who pursues better service prospects can be subjected to discretion that may be exercised by this Court under Article 226 of the Constitution of India without doing any injustice to other appointees, I am of the opinion that till June, 2012 the petitioner be permitted to resume the duty at Government Dental College and Hospital at Ahmedabad so that he can pursue and complete post graduation in Dentistry. The above consideration is based on the circumstances of appointee No.2 not resuming the duties at Government Dental College and Hospital at Ahmedabad so that a candidate like the petitioner belonging to reserve category can be accommodated accordingly. Further that petitioner would file an undertaking before the authority as well as the Court that on completion of post graduation in Dentistry at Ahmedabad, the petitioner would resume the duty at Jamnagar Government College in terms of the appointment order dated 11th October, 2011.
6. This petition is disposed of in terms of the above observations and directions.
7. However, if the appointee at Sr. No.2 has any grievance with regard to the observations and directions made in this order, it will be open to approach this Court for seeking modification or any change of the order as above.
8. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top