Vanvirsinh Jagatsinh Chauhan vs State Of Gujarat on 27 March, 2019

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Gujarat High Court

Vanvirsinh Jagatsinh Chauhan vs State Of Gujarat on 27 March, 2019

Bench: Bela M. Trivedi

        C/SCA/11220/2018                                ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/SPECIAL CIVIL APPLICATION NO. 11220 of 2018
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               VANVIRSINH JAGATSINH CHAUHAN
                            Versus
                 STATE OF GUJARAT & 4 other(s)
==========================================================
Appearance:
MR AD OZA FOR MS.NIDHI P BAROT(6675) for the Petitioner(s) No. 1
DR VENUGOPAL PATEL AGP (1) for the Respondent(s) No. 1,2,5
MRS NISHA M PARIKH(2397) for the Respondent(s) No. 4
NOTICE SERVED BY DS(5) for the Respondent(s) No. 3
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 CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI

                            Date : 27/03/2019

                             ORAL ORDER

1. Draft amendment, as prayed for, is granted. The learned advocate for the petitioner is directed to carry out amendment in the original petition and supply fresh amended copy of the petition within two days and to furnish the same to the concerned advocates for the respondents.

2. Heard learned advocates for the parties.

3. Rule returnable on 10.04.2019. Learned A.G.P. Dr.Venugopal Patel waives service of Rule for respondent Nos.1,2 and 5 and learned advocate Mrs.Nisha Parikh waives service of Rule for respondent No.4.

4. This petition be heard alongwith Special Civil Application Nos.21101 of 2016 to 21102 of 2016 with 21105 of 2016 to 21106 of 2016 and Special Civil Application Nos.20691 of 2016 to 20693 of 2016.

Page 1 of 3 C/SCA/11220/2018 ORDER

5. After hearing the learned advocates for the parties, it appears that the petitioner is offered and is pursuing his Ph.D., under the Quality Improvement Programme (Q.I.P.) pursuant to the provisional admission granted by the Indian Institute of Technology as per Annexure-B. It has been stated therein, inter alia, that the petitioner shall furnish a certificate from the employer stating inter alia that he has been sponsored under the Q.I.P. and will be treated on deputation for three years with full salary and allowances. It was also mentioned in the Q.I.P. Brochure as such. However, according to the petitioner, the respondent - State Government has passed the resolution dated 03.02.2016, according to which, the petitioner has been granted permission to pursue Ph.D. as per the order dated 10.07.2018 (R-II). The petitioner, therefore, will be paid half salary and that too for two years. Hence, the petitioner has challenged the said action of the respondent - State apprehending that if the petitioner is not paid full salary and allowances as per the condition imposed by the respondent - A.I.C.T.E, his admission would stand cancelled. It is required to be noted that some other matters have also been filed by the petitioners similarly situated as the present petitioner and the Court has granted interim relief. Hence, similar order is required to be passed in this petition also.

6. Accordingly, the following interim order is passed:-

1. The respondent-State shall continue to pay full salary and allowances to the petitioner.

2. The respondent-State shall also pass necessary order treating the petitioner on deputation and communicate the same to QIP authorities, which is Page 2 of 3 C/SCA/11220/2018 ORDER under the AICTE, within a period of ONE WEEK from the date of receipt of this order.

3. The petitioner shall file an undertaking within one week that eventually, if, he does not succeed in this proceeding, he shall repay the excess amount with NINE per cent interest per annum.

(BELA M. TRIVEDI, J) Hitesh Page 3 of 3

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