RACHITA VIJAYKUMAR JAYSWAL Vs. GUJARAT TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed by the petitioner praying to issue a writ of quo warranto and / or writ of mandamus or any other appropriate writ to hold and declare the appointment of the respondent No.2, Dr.Kaushal Arvindkumar Bhatt as bad as he is ineligible to hold the post of Associate Professor (Management) in the Gujarat Technological University. It is further prayed that the respondent University be directed to consider the case of the petitioner for appointment to the post of Associate Professor (Management) as per her selection pursuant to the Advertisement NO.20/2019.

(2.) Facts in brief are as under:

(3.) Mr.Hriday Buch, learned Counsel for the petitioner, would submit that the respondent No.2 lacks the basic qualification as per the statutory rules and the advertisement. In support of this submission, he would state that the advertisement when read indicates that an incumbent ought to have a Ph.D degree in Management. The advertisement also provided that the qualification for the post in the advertisement was the one as prescribed as per the AICTE notification.