KOKILABEN A PARMAR Vs. NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking following relief as contained in para 19-B : -

(2.) The Court on 06.10.2009, had passed following order : -

(3.) The said order was challenged by the present petitioner by filing Letters Patent Appeal No. 583 of 2011 and by the present respondent No. 5 who has been subsequently impleaded in the petition, by filing Letters Patent Appeal being No. 2160 of 2009. Both the Letters Patent Appeals came to be disposed of by the Division Bench vide the order dated 12.09.2014 on the ground that the respondent No.5 was not heard by the learned Single Judge. The Division Bench allowed the said Letters Patent Appeal No. 2160 of 2011 by observing inter alia that the learned Single Judge ought not to have discontinued the appellant (respondent No. 5) from the post in question without hearing him. The Division Bench therefore remanded the matter to this Court for deciding the matter afresh on merits after hearing both the parties, keeping all the contentions open. Accordingly, the respondent No. 5 was impleaded in the petition. The respondent No. 5 has filed the affidavit-in-reply as well as the additional affidavit, challenging the maintainability of the petition and also the locus of the petitioner to file the petition.