LAWS(GJH)-2023-3-2060

KAUSHAL ARVINDKUMAR BHATT Vs. GUJARAT TECHNOLOGICAL UNIVERSITY

Decided On March 31, 2023
Kaushal Arvindkumar Bhatt Appellant
V/S
GUJARAT TECHNOLOGICAL UNIVERSITY Respondents

JUDGEMENT

(1.) The Challenge in these two Letters Patent Appeals preferred under clause 15 of the Letters Patent, is addressed to the same judgment and order dtd. 25/3/2022 of learned Single Judge whereby the Special Civil Application filed by petitioner- respondent no.2 herein came to be allowed.

(2.) Letters Patent Appeal No. 547 of 2022 is preferred by the original respondent no.2 whose appointment was set aside, whereas the other Letters Patent Appeal is by the Gujarat Technological University, calling in question judgment and order of learned Single Judge.

(3.) Noticing the basic facts, the original petitioner prayed in her petition to hold and declare that respondent no.2-appellant of first captioned Letters Patent Appeal, was ineligible for the post of Associate Professor (Management). It was prayed to set aside the appointment of respondent no.2 made on 6/11/2019. The petitioner prayed to direct the respondent University to consider her case for appointment to the post as per her selection pursuant to the advertisement. For declaration that respondent no.2 was ineligible, a writ of quo warranto was prayed for. In respect of the second limb of the prayer to direct the University to consider the case of the petitioner, mandamus was sought for.