ST man s job hopes dashed after DSYA to move SC against HC order

Gaonkar s joy was short lived as the department of DSYA is yet to appoint him. The reason: The directorate is toying with the idea of challenging the High Court order in the Supreme Court. Gaonkar has no means and wherewithal to make his voice heard in the apex court. It has been little over three months now and he is hoping against hope that the DSYA will relent and absorb him as per the HC order. “Why is the directorate making this a big prestige issue? The HC order has gone in my favour,” Gaonkar told The Goan. “I had knocked on the doors of the HC after arranging money to fight the case. I have no idea how am I going to make my voice heard in SC if the department goes in for appeal,” he added.When The Goan contacted Sports Minister and Minister for Tribal Welfare, Ramesh Tawadkar, to seek his say in the matter, he said the DSYA is presently studying the order. Speaking to The Goan, DSYA Director V M Prabhudesai said the department is busy preparing the papers to challenge the order in SC. When asked to outline the reason behind challening the order, Prabhudesai replied, “There are certain aspects of the case which the HC did not take into account.” Gaonkar was given an offer of appointment on September 26, 2012, which he had accepted after facing an interview for the post of PE teacher on July 21, 2011. His name was put on the waiting list. He resigned as coach from the Gujarati Samaj Education Trust expecting to get the job of PE teacher in DSYA. With no sign of the appointment order coming from the government, Gaonkar made a formal representation to the department, only to be informed subsequently that the waiting list is treated as cancelled and that fresh vacancies would be advertised.The department further contended that merely because a candidate has been selected for appointment to a particular post does not mean he has absolute right over it.The HC bench comprising Justices F M Reis and K L Lawande, however, begged to differ with the DSYA. While issuing directions to issue appointment order to the petitioner, the bench observed, “We do not agree with the submissions made by the DSYA. The department has selected the petitioner Gaonkar, issued offer of appointment and kept him on the waiting list. Hence, in principle, the department has agreed to appoint him. The cancellation of offer by issuing another circular, according to us, is improper. The cancellation of the offer at a subsequent stage, that too when the petitioner resigned from his earlier job, amounts to violation of principles of natural justice by the department.”