V N SHAH Vs. DEAN

JUDGEMENT

(1.) The petitioner, by this special civil application has prayed for direction to the respondents not to issue any promotion or appointment order for the post of Assistant Professor in the Department of biochemistry in the B.J. Medical College,Ahmedabad. Further prayer has been made for quashing and setting aside the selection list or any order passed by the respondent authorities giving appointment to any other candidate or to respondents No.3 and 4 on the post of Assistant Professor in the Department of Bio Chemistry in B.J. Medical College. Next prayer has been made for direction to the respondent authorities to consider the case of the petitioner for promotion to the post of Assistant Professor in the Department of biochemistry. Prayer for issue of a writ of quo warranto has also been made against respondents No.3 and 4 who are holding the post of Assistant Professor in Bio Chemistry.

(2.) Mr. H. D. Vasavada, learned counsel for the petitioner, contended that respondents No.3 and 4 are not possessing the requisite qualification for appointment to the post of Assistant Professor in Bio Chemistry. They are usurping the public office and they should be ousted from the said post forthwith. In support of this contention learned counsel for the petitioner has cited few decisions of the Supreme Court. On theother hand the lerned counsel for the respondents No.1 and 2 contended that this writ petition is wholly misconceived. The respondents No.3 and 4 possessed requisite qualification in the discipline concerned and they have been appointed after their selection by selection committee.

(3.) So the only question which arises for consideration of this Court in this special civil application is whether respondents No.3 and 4 who were admittedly given appointment on the post of Assistant Professor in the subject of Bio Chemistry after selection are possessing the requisite qualification for holding the said post or not.