MATHURBHAI GORDHANDAS DUDHATRA Vs. GUJARAT AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) THIS appeal under Clause 15 of the Letters Patent is directed against the judgment and order dated 18th February 2009 of the learned Single Judge passed in Special Civil Application Nos.4017 of 2004 and other cognate matters vide which he rejected the writ petitions.

(2.) THE aforesaid writ petitions were filed by number of teachers who were appointed as Associate Professors in the Gujarat Agricultural University. At the time when they were appointed, they were not qualified according to earlier existing qualifications required for the post of Associate Professor. It is noteworthy to note that at the relevant time sufficient teachers were not available who were equipped with the qualifications as laid down in the University Statute and Ordinances and therefore to fill up the posts it was deemed fit to relax the qualifications for the appointment on the post of Associate Professor. Accordingly, an amendment in the law was made and according to that the petitioners were promoted as Associate Professors.

(3.) THEIR promotion was made by the University without there being an approval of the State Government to the amended law and in that view of the matter an objection came to be made by the Local Fund Audit Department that the resolution of amending qualifications cannot be approved of, but on the representation of the University, the State Government issued notifications granting approval of the amendment and the qualifications for a period of five years and issued Notification dated 4th October 1986 prescribing that within next five years those who have been promoted as Associate Professor have to acquire the necessary qualifications of Ph.D. It is noteworthy here also that many of the teachers did not obtain the Ph.D degree within the prescribed period and therefore further relaxation of a further period of five years was granted and the date was fixed to be of 3.10.1991.