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Gujarat High Court

Minesh Popatbhai Thaker vs State Of Gujarat & 2 on 10 November, 2016

Author: Sonia Gokani

Bench: Sonia Gokani

                 C/SCA/18869/2016                                                ORDER




                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    SPECIAL CIVIL APPLICATION NO. 18869 of 2016
                                        TO
                    SPECIAL CIVIL APPLICATION NO. 18876 of 2016
         ==========================================================
                        MINESH POPATBHAI THAKER....Petitioner(s)
                                       Versus
                         STATE OF GUJARAT & 2....Respondent(s)
         ==========================================================
         Appearance:
         MR SUBRAMANIAM IYER, ADVOCATE for the Petitioner(s) No. 1
         MR. VINOD PANDYA, ADVOCATE for the Petitioner(s) No. 1
         ADVANCE COPY SERVED TO GP/PP for the Respondent(s) No. 1
         ==========================================================

          CORAM: HONOURABLE MS JUSTICE SONIA GOKANI

                                      Date : 10/11/2016

                                       ORAL ORDER

1. This is the group of petitions having identical question on facts and law both where the petitioners working as Assistant Professor (different selection grade in different department).

2. The facts are drawn from Special Civil Application No.18869 of 2016.

2.1 The appointment was made of the petitioner on the post of Assistant Professor (Selection Grade) in E & C Engineering department on 13.09.2010. It is the say of the petitioner that on approval by affiliating university, the appointment has been made on regular basis and he was also informed by the Committee formulated by the affiliated university. This appointment is though on the full time basis and he was to retire from service on completion of 60 years of his age from the date of birth on record, the Management since decided to discontinue his service, the notice of two months' has been given specifying that he would be relieved from service with Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Dec 07 01:18:26 IST 2016 C/SCA/18869/2016 ORDER effect from December, 2016.

2.2 The petitioners have also been aggrieved by the advertisement issued in the Daily Newspaper Divya Bhaskar for the posts of Director / Head of Department / Professor/ Associate Professor / Assistant Professor.

3. Issue Notice returnable on 23.11.2016. Ms.Patel, learned Assistant Government Pleader waives service of notice on behalf of respondent No.1 - State.

4. Learned advocate appearing for the petitioners has urged that so far no appointment has been made by the respondent authorities. He also further urged that, any appointment now made shall be permitted tobe subjected to outcome of this petition. This request is acceded to. Let the details be furnished to this Court of the present status of the recruitment.

Direct service for rest of the respondents is permitted.

(MS SONIA GOKANI, J.) Amit Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 07 01:18:26 IST 2016