LAWS(GJH)-1999-1-21

M S UNIVERSITY Vs. PRAVINBHAI SAVINLAL JAISWAL

Decided On January 21, 1999
M.S.UNIVERSITY Appellant
V/S
PRAVINBHAI SAVINLAL JAISWAL Respondents

JUDGEMENT

(1.) The present appeal is filed by the Maharaja Sayajirao University of Baroda against the order passed by the learned single Judge (Coram: K. R. Vyas,J) on 5-10-1998 in Special Civil Application No. 772 of 1998 whereby, by way of an interim order, the University authorities were directed not to fill up five posts of Technical Assistants (Library), except by taking appropriate decision in accordance with law.

(2.) The petitioners, by filing the aforesaid petition, prayed for issuance of a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the decision at annexure-A (Resolution passed by the Syndicate, the Maharaja Sayajirao University of Baroda on 20th September, 1997) and to direct the respondents to operate the select list at annexure-C.

(3.) M. S. University of Baroda, vide notification No.ADE/4 of 1996-97 dated 6/12/1996 issued advertisement for various posts, which included seven posts of Technical Assistants (Library). The note at the bottom of the notification makes it clear that the number of posts shown in the notification were as per the situation existing at the relevant time, i.e. the advertisement was only for the existing vacancies. At the same time it was kept open to prepare a waiting list for future vacancies wherever required.