NAISHADH BHUPATBHAI DESAI Vs. SOUTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) THE petitioners have preferred the petition for appropriate writ to quash and set aside the assignment of Faculty of Rural Studies to respondent No. 4 and it is also prayed to quash and set aside the election of respondent No. 4 as the Dean of Faculty of Rural Studies.

(2.) IT appears that when the petition was taken up for hearing at the initial stage on 24. 9. 2001, after hearing both the sides, this Court (Coram: R. K. Abichandani, J.) had passed the following order:-

(3.) THEREFORE, by virtue of the aforesaid interim order, respondent No. 4 was restrained from functioning as the Dean of Faculty of Rural Studies during the pendency of the petition. It further appears that respondent No. 4, Shri Vasantbhai Hiriyabhai Gamit was to assume office vide the declaration of the Incharge Vice Chancellor of the University dated 7. 7. 2000, in place of Shri Ashwinbhai Dahyabhai Trivedi, who had resigned. The original tenure of the office of Shri Trivedi, in whose place respondent No. 4 was declared as the Member of Senate, was for a period of five years from 23. 5. 1997. The said period of five years, in any case, has expired on 22. 5. 2002. Since the placement of respondent No. 4 was in the Syndicate and the tenure of the person vice whom respondent No. 4 was appointed, in any case, was up to 22. 5. 2002 and further Respondent No. 4 was restrained from functioning pursuant to the aforesaid interim order and now as the period has expired of the office on 22. 5. 2002, it can be said that the present petition has become infructuous by afflux of time. Hence, the petition is disposed of as having become infructuous. Rule discharged. I. R. vacated. No order as to costs.