HEENABEN VASUDEVBHAI MEHTA Appellant(s) Versus ADDITIONAL DIRECTOR & 2 Respondent(s) ===================================== Appearance :
MR HASIT H JOSHI for Appellant(s) : 1, MR RAKESH R. PATEL, AGP for Respondent(s) : 1 2. DS AFF.NOT FILED (R) for Respondent(s) : 3, ===================================== CORAM : HONOURABLE MR.JUSTICE V. M. SAHAI and HONOURABLE MR.JUSTICE G.B.SHAH Date : 17/10/2012 ORAL ORDER (Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr. Hasit H. Joshi for the appellant and Mr. Rakesh R. Patel, learned Assistant Government Pleader for the respondents.
2. Though only Civil Application is listed today, counsel for the parties agree that instead of deciding the Civil Application, the main appeal itself be decided.
LPA/906/2012 2/3 ORDER
3. The appellant was appointed as Nursing Tutor (ClassIII) on ad hoc basis by order dated 22/12/2008. She was posted at G. G. Hospital, Jamnagar. The appellant, on 20/12/2010 had sought No Objection Certificate from the Medical Superintendent, Sir T. Hospital, Bhavnagar for the purpose of P. G. M.Sc. Nursing Course on deputation. This application of the appellant was approved on 07/12/2010 on certain conditions and the appellant was permitted to join as special case on deputation in P. G. M.Sc. Nursing Course. The permission was received by the appellant on 20/01/2011. Since the permission was granted to the appellant on 07/12/2010, when the session for the year 2010 2011 had already started and about six months have already passed, therefore, the appellant applied to the Commissioner, Health Department on 20/04/2011 for extending her deputation seeking admission in P. G. M.Sc. Nursing Course for the session for the year 20112012. On this application, it appears that no order has been passed by the Commissioner, Health Department.
4. We direct the Commissioner, Health Department to pass the order on application dated 20/04/2011 within a period of one week from today. Learned Assistant Government Pleader Mr. Patel shall file a copy of the order.
4.1 The Commissioner, Health Department shall further explain on affidavit duly sworn by him, that why he grants permission during mid session and not prior and if the permission is granted in the mid session, why permission is not granted for next session, for the year 20112012; how many candidates have been granted permission seeking admission in P. G. M.Sc. Nursing LPA/906/2012 3/3 ORDER Course shall also be clearly stated giving their names etc. and why not the appellant's permission for extending deputation for seeking admission in P. G. M.Sc. Nursing Course be extended by him since the appellant is already selected in P. G. M.Sc. Nursing Course.
5. List Civil Application and the Letters Patent Appeal for final hearing on 30th October 2012. Office to provide a free copy to learned Assistant Government Pleader Mr. Patel for information and ensuring compliance of the order.
5.1 Direct service today is permitted.
[ V. M. Sahai, J. ] [ G. B. Shah, J. ] hiren