Gujarat High Court
Gambhirdan Kanubhai Gadhavi vs The Chancellor Of The Sardar Patel ... on 27 August, 2019
Author: Bela M. Trivedi
Bench: Bela M. Trivedi
C/SCA/13860/2019 CAV JUDGMENT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 13860 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS.JUSTICE BELA M. TRIVEDI Sd/-
==========================================================
1 Whether Reporters of Local Papers may be allowed to
see the judgment ? NO
2 To be referred to the Reporter or not ?
NO
3 Whether their Lordships wish to see the fair copy of the
judgment ? NO
4 Whether this case involves a substantial question of law
as to the interpretation of the Constitution of India or any NO
order made thereunder ?
==========================================================
GAMBHIRDAN KANUBHAI GADHAVI
Versus
THE CHANCELLOR OF THE SARDAR PATEL UNIVERSITY
==========================================================
Appearance:
MR JAYRAJ CHAUHAN(2966) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,2,3,4,5,6,7
==========================================================
CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI
Date : 27/08/2019
CAV JUDGMENT
1. The petitioners have preferred the present petition mainly seeking following prayers:-
"9 (A) Your Lordships may be pleased to issue Page 1 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT writ of certiorari or writ of mandamus or any other writ, order or direction by quashing and setting aside the nomination vide dated 13.3.2019 by Sardar Patel University, selection committee constituted vide notification dated 6.5.2019 and the advertisement dated 12.6.2019 and subsequent agenda dated 25.7.2019 and resolution passed on 27.7.2019 and all consequential process undertaken by SearchcumSelection Committee, to recommend a panel of name/s for appointment of Vice Chancellor of Sardar Patel University by declaring it as illegal, null and void, dehors the provisions of law and is against the decisions of Hon'ble Court;
(B) Your Lordships may be pleased to issue writ of certiorari or writ of mandamus or any other writ, order or direction, directing the Sardar Patel University and State of Gujarat to appoint new searchcum selection committee as per Section 7(3) of UGC Regulations 2018 read with Section 10, 11 and statute 101 of Sardar Patel University Act read with decision of Hon'ble High Court of Gujarat in Special Civil Application No.18922 of 2017 and Special Civil Application No.9646 of 2019 dated 25.7.2019 and also by incorporating one member of the searchcumselection committee, which is to be nominated by Chairman, UGC for selection of the Vice Chancellor in the State University being Sardar Patel University forthwith."
2. At the outset, it may be stated that though the petition has been filed by two petitioners, in paragraph 2, it has been stated the petitioner is elected member of the Syndicate from Arts and Education Faculty, without specifying as to Page 2 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT which of the petitioners out of the two is elected member of the Syndicate. It has been further stated that the other petitioner is the Managing Trustee of the Trust running different courses in different colleges affiliated with the Sardar Patel University. To be precise, the petitioners have stated in paragraph 2 as under:-
"2. ... The petitioner is elected member of the syndicate from the Arts and Education faculty who has filed petition challenging the inclusion of member selection committee as it was in violation of Section 10 of the Act so as notification dated 6.5.2019 having No.UNI/1519/4/235/GS/CC qua one member only and other petitioner is managing trustee of the trust running different courses in different colleges affiliated with respondent Sardar Patel University, who had challenged the appointment of the at present vice chancellor of S. P. University."
3. From the afore-stated averments it is difficult to make out as to the locus standi of the petitioners, as also their challenge in the present petition. It is further required to be noted that the petitioners, though have challenged the Resolution dated 27.7.2019 passed by the Syndicate and Academic Council, the same has not been produced on record. There is also Page 3 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT no averment or allegations in the memorandum of the petition as to what was resolved in the said resolution and how the legal or statutory rights of the petitioners were violated by the said resolution. In absence of the copy of the Resolution under challenge, the petition cannot be entertained. The entire petition is drafted in a very casual manner without stating correct and precise facts and without producing even the resolution under challenge.
4. So far as other challenges to the Nomination dated 13.3.2019 and the Notification dated 6.5.2019 and Agenda Notice dated 25.7.2019 are concerned, it is required to be noted that the petitioner No.2 Dr. Alpesh Harishbhai Purohit had earlier filed the petition being Special Civil Application No.9646 of 2019, challenging the nomination of one Kiranbhai I. Patel as the Member of the Search Committee, constituted for making recommendations of panel for the appointment of Vice Chancellor of the Sardar Patel University. In the said petition, the learned AGP having made the statement on behalf Page 4 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT of the learned Government Pleader that the said Mr. Kiran I. Patel will be replaced as the Member of the Search Committee and the new Committee shall be constituted in accordance with law, the said petition was withdrawn by the petitioner, (who is the petitioner No.2 in the present petition) as per the order dated 27.7.2019. Now this petition has been filed by the two petitioners, challenging the communication dated 13.3.2019 (Annexure-M) made by Incharge Registrar, Sardar Patel University to the Principal Secretary to the Governor of Gujarat, seeking nomination of one person on the Search Committee. The petitioners have also challenged the Notification dated 6.5.2019 appointing three members to recommend the panel of three persons to the State Government for the appointment of Vice Chancellor of Sardar Patel University. In this regard, it may be noted that one of the members of the said Committee was said Mr.Kiranbhai I. Patel whose nomination was challenged by the petitioner No.2 in the earlier petition and the said petition came to be withdrawn as stated above. Hence, the Page 5 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT petitioners could not have filed the present petition again challenging the said nomination and constitution of the said Select Committee once having withdrawn the earlier petition. The petitioner has further challenged the agenda notice dated 25.7.2019 for holding the Joint meeting of the Syndicate and Academic Council on 27.7.2019. Apart from the fact that the said notice appears to have been given on the day when the petitioner No.2 had withdrawn the earlier petition being SCA No.9646 of 2019, as mentioned earlier, the petitioners have not even bothered to produce the Resolution passed in the said joint meeting on 27.7.2019, though challenged in the present petition.
5. In the afore-stated facts and circumstances, the Court is of the opinion that the petition on the face of it is vexatious and not maintainable and appears to have been filed with some ulterior motive. The petition, therefore, does not require any further consideration, and the same deserves to be dismissed with cost.
6. In that view of the matter, the petition being Page 6 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019 C/SCA/13860/2019 CAV JUDGMENT devoid of merits is dismissed, with cost of Rs.10,000/- to be deposited with the Gujarat State Legal Services Authority within two weeks from today.
Sd/-
(BELA M. TRIVEDI, J) V.V.P. PODUVAL Page 7 of 7 Downloaded on : Thu Aug 29 02:52:04 IST 2019