SCA/864/1992 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 864 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE P.B.MAJMUDAR ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== PATEL BALDEVBHAI MADHAVLAL Versus STATE OF GUJARAT AND OTHERS ====================================== Appearance : MR MR ANAND for Petitioner. MS FALGUNI PATEL, AGP for Respondents. ====================================== CORAM : HONOURABLE MR.JUSTICE P.B.MAJMUDAR Date : 10/10/2006 ORAL JUDGMENT By filing this petition, the petitioner has prayed that appropriate direction may be given to the respondents to continue him in service as SCA/864/1992 2/4 JUDGMENT lecturer on regular basis and that his services may not be terminated. This petition is pending before this Court since 1992. The petitioner has continued in service in view of interim order granted by this Court. The petitioner was appointed on ad­hoc basis as lecturer in Government College by order dated 19­8­1988. As per the appointment order, his appointment was temporary till GPSC selected candidate is available. Since the petitioner was apprehending termination, he has filed this petition with a prayer that his services should be regularized. Learned advocate for the petitioner submitted that till candidate selected through GPSC is available, services of the petitioner are required to be continued. He further submitted that the petitioner is willing to go in a private granted college. He further submitted that in case the question of termination arises, principle of 'last come first go' should be followed. Learned AGP submitted that in view of the judgement of Division Bench of this Court in K.D.Vohra V. Kamleshbhai Gobarbhai Patel reported in 2003 (2) GLR 1342, the petitioner cannot be continued on said post as his appointment was ad­hoc. She further submitted that in view of the direction given in Special Civil Application No.5415/1997 by this Honourable Court, petitioner's services would be continued till GPSC selected candidate is available or any other employee is transferred from other department to the department where petitioner is serving. She further submitted that even if occasion arises for termination of service of the petitioner, principle of 'last come first go' will be followed. In response to the petition, affidavit­in­reply has been filed by SCA/864/1992 3/4 JUDGMENT Joint Director, Commissioner of Higher Education Office, Gandhinagar. In paragraph 5 of the affidavit, it is stated as under : “I say and submit that the present petitioner Mr.Baldevbhai Madhavlal Patel is appointed as ad­hoc lecturer and at present he is working as ad­hoc lecturer in Government Commerce College, Gandhinagar, as no G.P.S.C. selected candidate as posted vice him on his post.” I have heard both the learned advocates and I have also gone through the decision of learned Single Judge delivered in Special Civil Application No.5415/1997. Considering the facts and circumstances of the case and considering the aforesaid judgements, prayer of the petitioner to the effect that his services may be regularized cannot be granted, however, this petition is disposed of with following directions. (i) Services of the petitioner may be continued till he is required to be replaced either by GPSC selected candidate or by any other suitable candidate by way of transfer. (ii) In case the services of the petitioner are required to be terminated, then principle of 'last come first go' should be followed. (iii) It is pointed out by learned advocate for the petitioner that some similarly situated lecturers have already been sent to private granted colleges. If that be so and if Government has evolved any policy to send such lecturers in private granted college, case of the petitioner also may be considered, however, it is for the Government to consider whether petitioner can be sent in a private granted college as a lecturer and this question is left to the SCA/864/1992 4/4 JUDGMENT discretion of the Government. (iv) As per the judgement of the Division Bench, the Government shall consider to form a separate cadre and, thereafter, the Government may also consider whether the petitioner can be accommodated in such cadre in light of the directions given by Division Bench of this Court. In view of aforesaid directions, this petition is partly allowed. Rule is made absolute accordingly with no order as to costs. (P.B.Majmudar, J.) /malek