Allowed

Indravijaysinh B Gohil v. Bhavnagar University

Gujarat HC17 Jul 2012SCA/13070/2009

Case brief

AI extract

What is this about?

Petitioner sought to quash an order appointing another professor to the Executive Council of Bhavnagar University, infringing his nomination rights, relying on a prior decision of this Court allowing relief on similar facts.

What did the court decide?

The impugned order dated 06.11.2009 was quashed and set aside. The respondents were directed to appoint the petitioner for the remaining period of the Executive Council within three weeks.

Indravijaysinh B Gohil Vs Bhavnagar University — Service and Employment | Gujarat HC (2012)

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SCA/13070/2009

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JUDGMENT

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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SPECIAL CIVIL APPLICATION No. 13070 of 2009

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For Approval and Signature:

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HONOURABLE MR.JUSTICE KS JHAVERI

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1^{Whether Reporters of Local Papers may be allowed}

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to see the judgment ?

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2 To be referred to the Reporter or not ?

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3^{Whether their Lordships wish to see the fair copy of} the judgment ?

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Whether this case involves a substantial question

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4 of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ?

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5 Whether it is to be circulated to the civil judge ?

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INDRAVIJAYSINH B GOHIL - Petitioner(s) Versus

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BHAVNAGAR UNIVERSITY & 2 - Respondent(s)

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Appearance :

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MR NIKHIL KARIEL for TANNA ASSOCIATES for Petitioner(s) : 1, RULE SERVED for Respondent(s) : 1, 3, MS SK VISHEN for Respondent(s) : 2,

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CORAM : HONOURABLE MR.JUSTICE KS JHAVERI

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Date : 17/07/2012

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SCA/13070/2009

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JUDGMENT

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ORAL JUDGMENT

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By way of this petition, the petitioner has prayed to quash and set aside the impugned order dated 06.11.2009 passed by respondent no. 3 whereby one Prof. K.M. Joshi was nominated as Executive Council in the category of Teacher of P.G. Department.

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The facts in brief are that the petitioner was serving as a Lecturer in the Gujarati Department of the respondent University. It is the case of the petitioner that at the relevant point of time, the petitioner had preferred Special Civil Application No. 7635/2005 challenging the order passed by the State Government whereby the nomination of the petitioner as member of Executive Council of the respondent University was cancelled. The said petition came to rejected vide order dated 26.10.2005. Pursuant thereto, the respondent University appointed private respondent as Executive Council for a period of three years i.e. from 27.10.2005. It is the case of the petitioner that pursuant to the election of the present petitioner to the University Court, vide an order dated 27.11.2008 the petitioner was nominated to the Executive Council till 06.11.2009. Pursuant to the Notification dated 29.10.2009, issued by the respondent University, the petitioner vide communication dated 03.11.2009, the petitioner drew the attention of respondent no. 1 to grant the petitioner full term of three years as directed by this

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SCA/13070/2009

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JUDGMENT

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Court. It the case of the petitioner that the respondent without considering the representation of the petitioner nominated one Prof. K.M. Joshi to the Executive Concil in the category of teachers of the PG Department. Thereafter, the petitioner sent legal notice dated 20.11.2009 to the respondent University. It is the case of the petitioner till date no action has been taken by the respondent upon the request of the petitioner. Hence, this petition.

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Heard learned counsel for the respective parties. The learned counsel for the petitioner states that the issue involved in this petition is squarely covered by the decision of this Court in the case of Indravijaysinh Bhikubha Gohil v. State of Gujarat & Ors. 2006 (1) GLR 849,

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The learned counsel for the respondent is not in a position to dispute the same.

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In view of the aforesaid decision, the petition deserves to be allowed and the same is hereby is allowed. The impugned order dated 06.11.2009 is quashed and set aside. The respondents are directed to appoint the petitioner for the remaining period of Executive Council within a period of thre weeks from today. Rule is made absolute. Direct Service is permitted.

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SCA/13070/2009

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JUDGMENT

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[K.S. JHAVERI, J.]

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/phalguni/

Indravijaysinh B Gohil v. Bhavnagar University

Case brief

What is this about?

What did the court decide?

Indravijaysinh B Gohil v. Bhavnagar University

Case brief

What is this about?

What did the court decide?

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