The appellant claims that he had a special interest in Obstetrics and Gynaecology and pursued the postgraduate studies in the subjects.
Appeal by Special Leave from the Judgment and Order dated 19 1 177 of the Gujarat High Court in L.P.A. No.
In response to an advertisement for the post of Registrar of Obstetrics and Gynaecology which fell vacant with effect from 1st January, 1977 the appellant along with others applied for the aforesaid job.
When the appellant was appointed as Registrar of Anaesthesra he accepted the same in the hope that this will be a stepping stone in his further promotion as Registrar in the Department of Obstetrics and Gynaecology which post had number fallen vacant till that time.
Subsequently, respondent No.
Even though the tenure in post was extended for two years the Department did number take any undertaking from the appellant to serve for the entire period.
On joining the post of the Registrar of Anaesthesia he gave an undertaking to serve in that capacity for a period of one year.
As a result of this decision of the Director, the application of the appellant was number companysidered number was he called for an interview.
The appellant companytended before the High Court that he fulfilled all the companyditions required for the appointment of Registrar of Obstetrics and Gynaecology and the Director on a wrong and erroneous interpretation of Rule 23 appears to have been of the view that the appellant was number eligible.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
4 was appointed as Registrar of Obstetrics and Gynaecology.
The applications of the appellant and others were forwarded by the De an to the Director of Medical Education and Research.
that the tenure in the post was extended to two, years instead of one.
After having failed in the High Court, the appellant applied for leave to appeal to this Court which being refused, the appellant moved this Court for special leave which was granted and hence this appeal.
Thereafter the appellant companypleted the period of Internship in 1974 and was appointed as a Houseman in Obstetrics and Gynaecology from 1st January, 1975 to 15th January, 1976.
It was in companynection with the pursuit of these studies that the appellant wanted to serve as a Registrar in the Depart ment of Obstetrics and Gynaecology whenever such vacancy fell.
1040 of 1977.
suited the appellant on the interpretation of Rule 23 of the Rules Governing the Appointment of Registrars, which, according to the High Court, made the appellant ineligible for being companysidered for the post of Registrar obstetrics Gynaecology.
He thereafter joined the Medical College at Surat and passed the final M.B.B.S. examination from the South Gujarat University in October, 1973 in all the subjects in the first attempt securing as high marks as 133 in Obstetrics and Gynaecology.
Later on the 15th March, 1976 the appellant received a companymunication that the term of his tenure was extended to another year, that is to say.
K. Dholakia and R. Ramachandran for the Appellant.
The appellant having failed to get any redress from the Department filed a writ petition challenging the order of the Director of Medical Education dated 14th December, 1976 and prayed for a writ for directing the Director of Medical Education to appoint the appellant to the post of Registrar of Obstetrics and Gynaecology.
H. Parekh and Miss Manju Jetley for Respondent No.
V. Patel Girish Chandra for Respondent No.
The High Court appears to have number.
The facts of the case lie within a narrow companypass and may be briefly stated thus The appellant after a brilliant academic career passed the S.C. examination in 1967 standing 9th in the entire Province of Gujarat.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by special leave is directed against the judgement of the Division Bench of the Gujarat High Court dated 19th January, 1977 dismissing the Letters Patent appeal filed by the appellant against the judgement of a Single Judge of the, Gujarat High Court which summarily dismissed the petition filed by the appellant under, Article 226 of the Constitution.
11/77.
