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Judgment
M.R. Shah, J.—Rule. Ms. Sangeeta Vishen, learned Assistant Government Pleader waives the service of notice of rule on behalf of the respondent Nos. 1 and 2 - State in each of the applications.
With the consent of the learned advocates appearing on behalf of the respective parties, all these applications are taken up for final hearing today.
In all these applications, the respective applicants have prayed for an order to extend the date i.e.30/4/2010 as stated in the judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, and to continue them as ad-hoc on the same terms and conditions as ordered by this Court vide aforesaid judgement and order dtd.30/6/2009, till 31/12/2010 or till the regularly selected candidates from GPSC are available.
Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the respective applicants does not press the rest of the reliefs prayed in these applications except the aforesaid prayer/relief. Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the respective applicants has also declared at the bar that none of the applicants have initiated any proceedings before this Court and/or any other Court for the relief sought in the present applications.
Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the respective applicants has stated at the bar that the respective applicants be continued on ad-hoc on the same terms and conditions as per the judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, more particularly para 19 of the aforesaid judgement and order dtd.30/6/2009 and they shall not raise any grievance in future.
Having heard Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the respective applicants and Mr. Kamal Trivedi, learned Advocate General appearing on behalf of the respondent Nos. 1 and 2 - State and considering the judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters and subsequent order dtd.28/1/2010 passed by this Court in Civil Application No. 13093 of 2009, by which the State Government has been granted further time to make appointment of lecturers on regular basis in the Government Engineering and Polytechnic Colleges in the State of Gujarat on or before 31/12/2010, the prayer of the respective applicants herein to continue them as ad-hoc on the same terms and conditions as per the judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters till 31/12/2010 and/or till regularly GPSC selected candidates are available, can be considered, otherwise there will be chaos and vacuum, which will not be in the interest of the students and education, as observed in the earlier judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters.
Under the circumstances and for the reasons stated above, all these applications are allowed to the extent that all the respective applicants be continued as ad-hoc lecturers or the post held by them on ad-hoc on the same terms and conditions as per the judgement and order dtd.30/6/2009 passed by this Court in Special Civil Application No. 5797 of 2009 and other allied matters, till 31/12/2010 or till the regularly GPSC selected and appointed candidates are available, whichever is earlier. All these applications are accordingly allowed to the aforesaid extent only. Rule is made absolute to the aforesaid extent in each of the applications. In the facts and circumstances of the case, there shall be no order as to costs.