MAHATMA GANDHI CHARITABLE TRUST Vs. B.B.MER

JUDGEMENT

(1.) By way of the present writ petition, the petitioners are seeking quashing and setting aside of the impugned orders dated 20.02.2003 and 14.08.2003, passed by the Gujarat Affiliated Colleges Service Tribunal, Ahmedabad in Application No.16 of 1999 and in Review Application No.2 of 2003, respectively.

(2.) The brief facts leading to filing of the present petition are as under:-

(3.) Mr.Joshi, learned advocate for the petitioners has submitted that the respondent no.1 has also suppressed all the documentary evidence indicating that it was within his knowledge that since long his birth date was mentioned as 09.06.1938 in the record of the petitioner No.1 - college. He has submitted that not even at the fag end of his service, but eight months after his retirement, he has challenged the action of retiring him from service of the petitioner No.2-college in June 1998. The conduct of the respondent No.1 itself proves lack of bona fide on his part. He has further submitted that the Tribunal, being a Court of equity and conscious, ought to have appreciated the aforesaid facts and ought to have dismissed the Application No.16 of 1999 filed by the respondent No.1.