NAVINCHANDRA BHANABHAI GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and order dtd. 8/4/2019 passed by the learned Single Judge in Special Civil Application No. 2059 of 2008, the original petitioners have preferred this intra court appeal under Clause 15 of the Letters Patent Act.

(2.) In the writ petition filed under Article 226 of the Constitution of India, the appellants have prayed for quashing and setting aside the impugned communication dtd. 17/7/2007 issued by the Director, Indian System of Medicine and Homeopathy, Gandhinagar - respondent No.3 herein.

(3.) As the facts reveal, the original petitioners were teaching and non- teaching staff of respondent No.4 College. As noted by the learned Single Judge, the Respondent no.4 College was converted into self- finance college with effect from 15/2/2001 as per the permission to start degree course of self finance basis. The facts reveal that as diploma course in the college was no more in existence, the services of the appellants were discontinued. The affected persons approached this Court by way of Special Civil Application No.3965 of 1997 and as the appellants were not paid salary, they filed separate petition being SCA No. 6156 of 2002. Both the petitions came to be disposed of vide order dtd. 11/4/2007 wherein this Hon'ble Court was pleased to issue directions to respondent authority to consider the claim of the petitioners of those petitions. The facts reveal that thereafter, another writ petition being SCA No. 8960 of 2002 was filed inter alia praying for direction to the respondent authority to absorb entire teacher and non-teaching staff of respondent no.4 college. The said petition came to be disposed of vide order dtd. 6/9/2002 directing the petitioners to approach the authorities by making representation and further direction to the authorities to consider the same. It appears that as per the said amicable formula arrived at between the Government and the colleges, the appellants were required to act as per the conditions, however, such offer of appointment being made, the same was refused. Again thereafter, another two petitions were filed being SCA Nos. 13462 of 2006 and 13480 of 2006 by the appellants. The said petitions were disposed of vide order dtd. 12/10/2006. Thereafter the appellants preferred another group of petitions being SCA No. 7316 of 2007 and allied matters. The said petitions were also disposed of vide order dtd. 19/3/2007 directing the authorities to consider the representation of the appellants-original petitioners and examine their case. The appellants, as per the directions, were required to give willingness to join any other homeopathic college by filing an undertaking, which culminated into the impugned communication dtd. 17/7/2007, which came to be challenged by way of the present petition with a direction to absorb the appellants in any other grant-in-aid college which is situated in Gujarat.