RASILABEN KESHARBHAI PARMAR Vs. INDUBEN HEJABHAI SOLANKI

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The respondent No. 5-Jaysinh Samat- bhai Parmar Arts and Commerce College, Kodinar, had advertised for recruitment one post of Lecturer in Sociology. The defendant- petitioner and plaintiff-respondent No. 1 and many others had applied for the said post in response to the aforesaid advertisement of the college. The defendant-petitioner has been selected for the post by selection committee and his name has been placed at No. 1 in the merit list. The proceedings of the selection committee of the selection made for the post of Lecturer in Sociology were sent to Saurashtra University for its approval. The plaintiff-respondent No. 1 filed a suit on 23rd September, 1992 challenging the selection proceedings of the selection committee for making selection on the post of Lecturer in Sociology. The defendant-petitioner was not joined as a party at the initial stage in the suit by the plaintiff-respondent No. 1. The plaintiff-respondent No. 1 filed an application Ex. 5 for grant of ad-interim relief against respondent No. 3 not to approve the name of defendant- petitioner for the post of Lecturer in Sociology. After hearing the learned Counsel for the parties and recording the finding that the plaintiff-respondent No. 1 has no prima facie case and balance of convenience also does not favour grant of temporary injunction, the learned trial Court, 'under its order dated 16th September 1993, dismissed the application Ex. 5 with costs and vacated ex-parte ad-interim relief granted against the University.

(3.) Feeling aggrieved of the said order, the plaintiff-respondent No. 1 filed Civil Misc. Appeal No. 107/93 in the Court of District Judge, Amreli, on 14th October, 1993, which was finally came to be decided by Assistant Judge on 18th March, 1995 and till final disposal of the suit, temporary injunction has been granted that the defendant-petitioner should not be given appointment on the.post of Lecturer in Sociology. Hence this civil revision application before this Court by the petitioner.