Mitulkumar Mulchandbhai Deliya vs Hemchandracharya North Gujarat ...
2021 Latest Caselaw 5257 Guj

          C/SCA/5939/2021                                         ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 5939 of 2021

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              MITULKUMAR MULCHANDBHAI DELIYA
                          Versus
     HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY & 1 other(s)
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Appearance:
MR HRIDAY BUCH with DARSHAN M VARANDANI(7357) for the
Petitioner(s) No. 1
for the Respondent(s) No. 2
MR JAL SOLI UNWALA, SENIOR ADVOCATE with MS TEJAL A
VASHI(2704) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA

                             Date : 23/04/2021

                              ORAL ORDER

Heard learned advocate Mr.Hriday Buch for the petitioner and learned senior advocate Mr. Jal Soli Unwala for the respondent No.1.

2. The petitioner has challenged order dated 25.3.2021 passed by the Vice Chancellor of the respondent­ University whereby it is provided that the posting of the petitioner as Controller of Examination shall stand postponed and the petitioner would continue to discharge his duties of his present post. The order further provides to appoint one Dr.Girish Thakkar as Controller of Examination on ad­hoc basis. It is stated that he shall take charge of the post immediately.

3. What is submitted to assail the legality of the aforementioned order was that the petitioner has been selected as Controller of Examination in the process of recruitment which

C/SCA/5939/2021 ORDER

was undertaken pursuant to the advertisement bearing No.20/2017 dated 27.7.2017. The petitioner participated therein and successfully fared to to be selected on the post.

3.1 Along with this aspect, it was next pointed out that the said Girish Thakkar had filed Special Civil Application No.15213 of 2017 before this Court praying to set aside the aforesaid advertisement dated 27.7.2017 qua the post of Controller of Examination. The said petition failed and was dismissed as per judgment dated 24.3.2021 passed by this Court. In other words, the claim of candidature of the said Girish Thakkar to the post of Controller of Examination was negatived by this Court, it was submitted.

4. A strong prima facie case is made out.

5. Notice returnable on 14.6.2021.

6. The respondents shall file affidavit­in­reply to this petition, putting forth their stand.

7. The respondent No.1­ University is directed not to implement order dated 25.3.2021 so as to deprive the petitioner from being posted as Controller of Examination till the next date.

Learned advocate Ms.Tejal Vashi waives service of notice on behalf of the respondent No.1. Direct service is permitted in respect of the other respondents.

(N.V.ANJARIA, J) Manshi