KADVABHAI SIDIBHAI PARMAR Vs. GUJARAT AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) A question, referred to the Larger Bench, to decide the constitutional question, by the learned Single Judge [Coram: A.D. Desai, J.] on 24-3-1977, would show that what is required to be decided by us almost after more than a quarter century, is travesty of justice in a service matter on hand.

(2.) The learned Single Judge has referred the question of constitutionality of the provisions of Section 52 of the Gujarat Agricultural University Act, 1969, ["Act" for short].

(3.) The Division Bench of this Court, [Coram: S.H.Sheth and S.B. Majmudar, JJ, as they then were], in a decision rendered, on 9-7-1980, in Bhudarbhai Hirabhai Patel vs. State of Gujarat and Anr. - 1980 (2) GLR 434, has upheld the validity and constitutionality of the provisions of Section 52 of the Act. It has been held that the provisions of Section 52 of the Act are not violative of Articles 14 and 16. It is further observed in the said decision, that the Legislature has, in the Act, treated and characterized a separate class out of the employees engaged in service with the Gujarat Agricultural University.