DHEBARBHAI SAVJIBHAI KAPURIYA Vs. MAHARAJA KRISHNAKUMARSINHJI BHAVNAGAR UNIVERSITY

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ of mandamus or any other appropriate writ, order or direction quashing and setting aside the co­option of respondent No.2 as co­opt member of the Dental Faculty of Bhavnagar University.

(2.) Heard Mr.N.D.Nanavaty, learned Senior Counsel, with Mr.Rushabh Shah and Ms.Avani Pandya, learned counsel for the petitioner, Mr.A.R.Thacker, with Mr.Shivang A. Thacker, learned counsel for respondent No.1 - University, Mr.Shalin N. Mehta, learned Senior Counsel, with Mr.Hemang Shah, learned counsel for respondent No.2, and Mr.Anshin H. Desai, with Ms.Venu H. Nanavaty, learned counsel for respondent Nos.3 and 4.

(3.) The main issue involved in this petition pertains to co­option of respondent No.2 as a member of the Dental Faculty of the respondent -University. It appears from the record of the petition that vide Notification dated 12.07.2011, the respondent University amended its statutes, whereby the Dental Faculty was amended and added. It may be noted that by very said amendment, the statutes were amended as item No.2­Faculty of Medicine, item No.6­Faculty of Dental and item No.7­Faculty of Homeopathy. It appears that as the dental college was affiliated to the respondent - University, the Dental Faculty came into existence in the statute of the respondent University.