Gujarat High Court
Divyesh Rameshchandra Joshi vs Gujarat Ayurved University (Ipgt ... on 31 March, 2021
Bench: Sangeeta K. Vishen
C/SCA/17598/2011 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 17598 of 2011
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 17599 of 2011
With
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/SPECIAL CIVIL APPLICATION NO. 18119 of 2011
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MEHUL ASHOKBHAI KANKHARA
Versus
GUJARAT AYURVED UNIVERSITY (IPGT & RA)
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Appearance:
for the PETITIONER(s) No.
ADITI S RAOL for the PETITIONER(s) No.
MR RC KAKKAD for the RESPONDENT(s) No.
RULE SERVED for the RESPONDENT(s) No.
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CORAM: HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
Date : 31/03/2021
COMMON IA ORDER
1. Ms.Aditi S. Raol, learned advocate for the petitioner has placed on
record the judgment dated 25.3.2021 of the Hon'ble Apex Court in the
case of University of Delhi v. Delhi University Contract Employees Union
& Ors.rendered in Civil Appeal No.1007 of 2021. Reliance is placed on
paragraphs 13 and 15 of the judgment, which read thus:
"13. We, therefore, direct that all the concerned contract employees
engaged by the University be afforded benefits as detailed in
paragraphs 6 and 7 of the affidavit dated 09.03.2021 with following
modifications:
(a) The benefit of age relaxation as contemplated in
paragraph 6 of the affidavit without any qualification must
be extended to all the contract employees.
(b) In modification of paragraph 7 of the affidavit, those
employees who were engaged in the year 2011 be given the
benefit of 10 marks in the ensuing selection process while for
every additional year that a contract employee had put in,
benefit of one more mark subject to the ceiling of 8
additional marks be given. In other words, if a contract
C/SCA/17598/2011 IA ORDER
employee was engaged for the first time in the year 2010, he
shall be entitled to the benefit of 11 marks, while one
engaged since 2003 shall be given 18 marks, as against the
appointee of 2011 who will have the advantage of only 10
marks. The contract appointees of 2012 and 2013 will have
the advantage of 9 and 8 marks respectively.
(c) The Public Notice inviting applications from the
candidates shall specifically state that the advantage in terms
of the order passed by this Court would be conferred upon
the contract employees so that other candidates are put to
adequate notice.
(d) All the contract employees shall be entitled to offer their
candidature for the ensuing selection in next four weeks and
in order to give them sufficient time to prepare, the test shall
be undertaken only after three months of the receipt of
applications from the candidates.
15. In our view, paragraphs 6 & 7 of the affidavit with the
modifications as directed hereinabove will subserve the purpose. Such
directions will not only afford chance to the contract employees to
participate in the selection process regardless of their age but will also
entitle them to some advantage over the other participants. Similarly,
those contract employees who have put in more number of years as
against the other contract employees, will also have a comparative
advantage."
2. Mr.R.C. Kakkad, learned advocate for the respondent, pursuant to
the queries raised by this Court has tendered on record the copy of the
Minutes of the Meeting of the Syndicate dated 17.8.2013 as well as
Agenda of the Syndicate dated 31.5.2013.
3. Mr.R.C. Kakkad, learned advocate requests for some time so as to
enable him to place on record the said documents by way of an
additional affidavit and would also like to go through the judgment of
the Hon'ble Apex Court.
4. List the matter on 16.4.2021.
(SANGEETA K. VISHEN,J)
RAVI P. PATEL
