RAM MANGARAM MIRCHANDANI Vs. MAHARAJA SAYAJIRAO UNIVERSITY

JUDGEMENT

(1.) This appeal is listed today for the 42nd time after issuance of notice at the first instance. Thereafter, it was adjourned and today it is finally heard and disposed of. In between, there were attempts to settle the matter outside the court. Representation was made by the appellant to the University for reconsidering its decision of terminating him from service while on probation. Finally, by fax message dated 16.12.2004 learned Advocate General, Mr.Shelat was informed by the Registrar of university that in principle it was decided by the Syndicate to accept the resignation of the appellant from the date he was discharged from service as probationer. However, it is not acceptable to the appellant, therefore, the matter is now required to be decided on merits. Be that as it may.

(2.) The appellant has challenged in this appeal the judgment and order dated 7/8.8.2001 passed by P.M.Majmudar, J. allowing Special Civil Application No.5412/00 filed by the respondent-University whereby the learned Single Judge accepted the writ petition filed by the respondent-university and quashed and set aside the impugned judgment and order dated 28.12.1999 passed by the Gujarat Universities Service Tribunal at Ahmedabad (for short "the Tribunal")

(3.) The appellant was initially appointed as a Lecturer in Archaeology Faculty of Arts in respondent-The Maharaja Sayajirao University of Baroda on probation.His performance during the period of probation was not satisfactory, therefore, by a letter dated 20.3.1983 (Annexure-C to the main petition), his explanation was called for, on the following seven points :-