YUVRAJSINH RATANSINH RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant - original petitioner assailing the correctness and validity of the order dtd. 5/5/2023 passed by the learned Single Judge in Special Civil Application No.7232 of 2023.

(2.) The prayers made by the appellant - original petitioner in the writ petition before the learned Single Judge was to pass direction / Writ of Quo-Warranto to quash and set aside the appointment order issued by the respondent No.2 - Institution, appointing respondent No.4 as the Professor as well as the Director of the Institution.

(3.) The learned Single Judge after considering the arguments of both the parties came to a conclusion that the writ petition was not maintainable, as the respondent - Gujarat Cancer and Research Institute (hereinafter referred as "the respondent") was not a State within the meaning of Article 12 of the Constitution of India. The present appeal is preferred assailing the said order.