ANJANA A CHOKSEY Vs. SARVAJANIK EDUCATION SOC

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed challenging the order of the learned Single Judge dated 12.09.1996 as well as order passed in Review Application being Misc. Civil Application No. 2135 of 1996 on 12.12.1996.

(2.) IN the writ petition, the petitioner has challenged the order passed by the Government Affiliated Colleges Services Tribunal, Ahmedabad dated 02.09.1985 passed in Application No. 81 of 1984. The petitioner has challenged the order on the ground that he was working as Librarian Clerk since 1969 and he had already been appointed as Librarian in the college of respondent no. 2. The Tribunal after considering the claim of the petitioner and after considering the Ordinance 69 of the University held that the petitioner did not possess the requisite qualification for the post of Librarian as Ordinance provided that the person has to serve 15 years as Librarian for claiming appointment to the post of Librarian.

(3.) WE are further of the opinion that a wrong order or a decision does not entitle other party to claim its benefit as held by the Apex Court in the case of Fuljit Kumar v. State of Punjab & Ors. 2010 (11) SCC 455. Relevant paragraphs 11 & 12 is extracted below :-