AI Structured Summary
Not yet generated for this judgment
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.
With the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.
In the present application, the applicant has 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 applicant does not press the rest of the reliefs prayed in the present
application except the aforesaid prayer/relief. Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the applicant has also declared at
the bar that the applicant has not initiated any proceedings before this Court and/or any other Court for the relief sought in the present application.
Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the applicant has stated at the bar that the applicant 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 the applicant shall not raise any
grievance in future.
Having heard Mr. S.I. Nanavati, learned senior advocate appearing on behalf of the applicant 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 applicant herein to
continue her 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, present application is allowed to the extent that the applicant be continued as ad-hoc
lecturers or the post held by her 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. Present application is accordingly allowed to the aforesaid extent only. Rule is made absolute to the
aforesaid extent only. In the facts and circumstances of the case, there shall be no order as to costs.