Gujarat High Court
Pratikgiri Rameshgiri Goswami vs State Of Gujarat & 2 on 10 August, 2015
Author: J.B.Pardiwala
Bench: J.B.Pardiwala
C/SCA/12577/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 12577 of 2015
With
SPECIAL CIVIL APPLICATION NO. 12578 of 2015
TO
SPECIAL CIVIL APPLICATION NO. 12592 of 2015
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PRATIKGIRI RAMESHGIRI GOSWAMI....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR PA JADEJA, ADVOCATE for the Petitioner(s) No. 1
MS SHRUTI PATHAK, AGP ADVANCE COPY SERVED TO GP/PP for the
Respondent(s) No. 1 in Special Civil Application No.12577/2015; Special Civil
Application No.12581/2015; Special Civil Application No.12585/2015; and
Special Civil Application No.12589/2015.
MR ROHAN YAGNIK, AGP ADVANCE COPY SERVED TO GP/PP for the
Respondent(s) No. 1 in Special Civil Application No.12578/2015; Special Civil
Application No.12582/2015; Special Civil Application No.12586/2015; and
Special Civil Application No.12590/2015.
MR SWAPNESHWAR GOUTAM, AGP ADVANCE COPY SERVED TO GP/PP
for the Respondent(s) No. 1 in Special Civil Application No.12579/2015;
Special Civil Application No.12583/2015; Special Civil Application
No.12587/2015; and Special Civil Application No.12591/2015.
MR RUTVIJ OZA, AGP ADVANCE COPY SERVED TO GP/PP for the
Respondent(s) No. 1 in Special Civil Application No.12580/2015; Special Civil
Application No.12584/2015; Special Civil Application No.12588/2015; and
Special Civil Application No.12592/2015.
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 10/08/2015
COMMON ORAL ORDER
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1. It is the case of the petitioners that they are all working as adhoc Lecturers and Assistant Professors in the Government Diploma/Degree Engineering Colleges. They have been appointed on adhoc basis for a period of 11 months. They have learnt through the reliable source that the Director of Technical Education is to be issued an advertisement for an appointment of adhoc Lecturers/Assistant Professors for a period of 11 months. It is their case that in this manner, the adhoc employees are being replaced by another set of adhoc employees. According to the petitioners, such a course of action is not permissible in law in view of the decision of the Court in the case of 'Pradeep Navinbhai Patel and Ors. Vs. State of Gujarat and Ors.' reported in 2014 (2) GLH 501 as well as the judgment of the Division Bench in the case of 'State of Gujarat & Anr. Vs. Jain Sumit Rajeshbhai and Ors.', Letters Patent Appeal No.1046 of 2014; decided on 18.02.2015.
2. Ms. Pathak, the learned AGP has opposed the issue of notice in this bench of petitions on the premise that no advertisement till this date has been issued. No cause of action can be said to have been arisen so as to maintain these writapplications. According to Ms. Pathak, the apprehension has no basis and no petition can be filed on mere apprehension.
3. Let Notice be issued to the respondents returnable on 08.09.2015. Till the next date of hearing, the services of the petitioners shall not be terminated. To put it in other words, they shall not be replaced by another set of adhoc employees.
It is clarified that if the respondents want to undertake a regular recruitment process, it shall be open for them to do so and if such regular recruitment process is undertaken, it shall also be open for the petitioners to apply pursuant to the same.
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(J.B.PARDIWALA, J.) aruna Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Aug 14 11:58:30 IST 2015