LAWS(GJH)-2023-5-532

YUVRAJSINH RATANSINH RATHOD Vs. STATE OF GUJARAT

Decided On May 05, 2023
Yuvrajsinh Ratansinh Rathod Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) A writ of Quo-Warranto is filed seeking directions to quash and set aside the appointment order issued by respondent No. 2 - Institution, appointing respondent No. 4 as professor as well as director of the respondent No. 2 - Institution.

(2.) With a view to ascertain, whether the petitioner can be stated to be a 'person aggrieved', this Court under order dtd. 1/5/2023 permitted service of an advance copy upon Nanavati and Nanavati Associates who generally appear for respondent No. 2 - Institution.

(3.) The facts in brief are as under: - The petitioner who is a social activist has preferred this petition challenging the appointment order of respondent No. 4 made by Gujarat Cancer and Research Institute (M.P.Shah Cancer Hospital) - respondent No. 2 as Lecturer/Professor and Director of the said Institute on the ground that the respondent No. 4 does not possess the requisite experience and research publications prescribed by erstwhile Medical Council of India (Now National Medical Council), New Delhi. It is also case of the petitioner that respondent No. 2 - Institution without following the procedure mandated by Gujarat University - respondent No. 3 has appointed respondent No. 4 as Director of the said Institution.