Nupur Baiju Jani vs State Of Gujarat
2025 Latest Caselaw 628 Guj

Gujarat High Court

Nupur Baiju Jani vs State Of Gujarat on 7 July, 2025

                                                                                                                NEUTRAL CITATION




                               C/SCA/17921/2019                                  ORDER DATED: 07/07/2025

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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                        R/SPECIAL CIVIL APPLICATION NO. 17921 of 2019
                         ==========================================================
                                                            NUPUR BAIJU JANI
                                                                  Versus
                                                         STATE OF GUJARAT & ORS.
                         ==========================================================
                         Appearance:
                         DEEPAK N KHANCHANDANI(7781) for the Petitioner(s) No. 1
                         MR HENIL SHAH AGP for the Respondent(s) No. 1,2
                         NOTICE SERVED for the Respondent(s) No. 4
                         NOTICE SERVED BY DS for the Respondent(s) No. 3
                         ==========================================================
                           CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                                             Date : 07/07/2025

                                                              ORAL ORDER

1. At the outset, learned AGP has submitted that the issue is squarely covered by the judgement dated 07.10.2022 passed in Special Civil Application No.18352 of 2019 and allied matters.

2. In the present writ petition, the petitioner has challenged the order terminating her service.

3. The petitioner was appointed as a lecturer in the respondent no.3 -Institute, by order on contractual and ad hoc basis. Meanwhile, on the availability of regularly selected candidates through Gujarat Public Service Commission (GPSC), the services of the petitioner was terminated. Such terminations were subject matter of challenged in group of petitions being Special Civil Application No. 18352 of 2019 and allied matters. Also the Government Resolution dated 27.07.2020 was challenged, which relates to the appointment to the post of Lecturers, Mechanical Engineers, G.E.S (Class II). By a comprehensive judgment, the Co- ordinate Bench of this Court after considering the relevant rules and submissions advances by the similarly situated candidates, has

NEUTRAL CITATION

C/SCA/17921/2019 ORDER DATED: 07/07/2025

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dismissed those writ petitions. The Coordinate Bench has specifically held that the candidates similarly situated to the petitioners would not have any right to hold the post, after regularly selected candidates through GPSC, are available. The challenging of the Government Resolution dated 27.07.2020 was also not considered.

4. Under such circumstances, since the petitioner has no right to the post, as she was appointed on contractual and ad hoc basis, her termination cannot be faulted with on account of the availability of the regularly selected candidates through GPSC.

5. Learned advocate Mr. Khanchandani has submitted that the petitioner may be considered sympathetically, if any posts are vacant.

6. The request is not accepted, since it is always open for the administration to continue or discontinue an ad hoc and contractual appointment.

7. At this stage, learned advocate Mr. Khanchandani has submitted that the petitioner may be allowed to make representation, which is vehemently opposed by the learned AGP and has submitted that any such direction at this stage would further give rise to cause of actions.

8. Since the petitioner do not have any right to the post, no direction can be issued for deciding their representation, since such direction will give further rise to litigation and it will be an exercise in futility.

9. The Apex Court in the case of State of Uttaranchal and Anr. Vs. Sunil Kumar Vaish and Ors., (2011) 8 S.C.C. 670 in paragraph No.17, has observed that the direction to decide the representation

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often resurrect the cause of action, which has attained finality. It is also directed that duty is cast on the Judges to give finality to the litigation so that the parties would know, where they stand.

10. Hence, the present petition is rejected, in view of the judgement dated 07.10.2022 passed in Special Civil Application No.18352 of 2019 and allied matters.

(SANDEEP N. BHATT,J) Radhika