Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

xlii
(viii) Recruitment of 17 posts of Assistant Professor in various
disciplines – Only 9 posts out of 17 posts being available
for general category petitioner who stood at 16 th position
not selected - Petitioner contended that single post of
Computer Science and Engineering should have been
treated as unreserved (UR) category and selected him
against the said post - Held - As posts advertised not
classified subjectwise single post of Computer Science and
Engineering cannot be treated as UR as claimed -
Wednesbury Test explained
Chapter-X Appointment Appointment
(i) Petitioners appointed to the posts of Tutor/Senior
Residents, Medical Officers and Senior Surgical Officer
have challenged notification for recruitment to the said
posts on regular basis initiated. Writ petition dismissed
holding that the fact that the names of the petitioners
appeared in the gradation list does not go to change the ad
hoc nature of their appointment into regular appointment.
Chapter-XI Promotion
Promotion
979 to
1000
379 to 381
(i) Promotion can not be given on the basis of Draft Rules 9 to 17
(ii) Whether an official who was considered for promotion by
DPC and decision kept in sealed cover in view of police
case can ask for promotion against vacancy of 1998-99
before police case? – No
(iii) Promotion cannot be denied for non availability of
Confidential Reports for which the petitioner was not
responsible.
(iv) The contention of the petitioner that he was holding the
post more in length deserves to be allowed preferential
treatment was rejected and writ petition dismissed - Sitting
in writ jurisdiction, the Court is concerned to examine the
selection making process and not the selection itself.
(v) Instruction 3.5(1) is a complete Code in itself governing
officers of Groups ‘B’ and ‘C’ posts - The decision in writ
petition holding that promotion panel has to be prepared in
the order of seniority in the feeder cadre irrespective of the
bench mark is affirmed by the Division Bench by
dismissing the writ appeal filed by the Commission.
(vi) In a claim for promotion it is a fundamental principle of
law that promotion cannot be claimed as a matter of right -
The right to promotion is not enforceable in a Court of law.
(vii) When Service Rules are silent about eligibility date O.M.
providing for eligibility date has to be followed.
74 to 77
254 to 256
767 to 770
771 to 775
776 & 777
778 to 780