PARAGBHAI BHIMSHIBHAI LUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition which is filed under Article 226 of the Constitution of India petitioner has prayed for the following reliefs:

(2.) Heard learned advocate Mr.Patel for the petitioner and learned Government Pleader Ms.Manisha Lavkumar for the respondent no.1.

(3.) On the other hand, learned GP Ms.Shah submitted that the Division Bench of this Court upheld the validity of the similar Rules when the validity of the said Rules were challenged. Similarly, recently a Division Bench of this Court also upheld the validity of the impugned Rule and therefore the issue involved in the present petition is no more res integra. At this stage, learned GP has placed reliance upon the decision rendered by the Division bench of this Court in the case of Vishakha (supra) and Sheetal Yeshwantkumar Parmar v. State of Gujarat reported in 2013(3) GLR 2643 and the recent decision rendered by the Division Bench of this Court in the case of Kushal Ravindrakumar Pandey v. State of Gujarat decided on 4.8.2017 in Special Civil Application No.13877 of 2017 and connected matter. Learned Government Pleader has also placed reliance upon the decision of the Hon'ble Supreme Court in the case of Pradeep Jain v. Union of India reported in 1984(3) SCC 654 and Dinesh Kumar (II) v. Motilal Nehru Medical College, reported in 1986(3) SCC 727 .