1 This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioners challenging the order dated 21st April 2011 passed by the Gujarat Affiliated Colleges Services Tribunal, Ahmedabad, [for short, 'the Tribunal'], in Application No.4 of 2010.
2 Before the Tribunal, a grievance was raised by the applicant, Dr. Pinakin Narmadashankar Trivedi, respondent No.1 herein, that he was not permitted to perform the duties as In-charge Principal of the respondent-College and the charge of Principal was given to respondent No.3, petitioner No.2 herein, and it was further prayed to declare the action of the respondent-Management as illegal, irrational, etc. 3 At the outset, it is not in dispute that, earlier, a writ petition, being Special Civil Application No.14221 of 2010, was filed by the petitioners herein challenging the interim order dated 19th October 2010 passed by the Tribunal in which several contentions were raised with regard to controversy of appointment as In-charge Principal and, upon concession given by the learned counsel appearing for respondent No.1 therein, who is also respondent No.1 herein, this Court [Coram: Ravi R. Tripathi, J.] by order dated 27th October 2010, quashed the order dated 19th October 2010 and directed the Tribunal to proceed with the final hearing at the earliest keeping it open for the parties to challenge the final outcome. However, the Tribunal, while considering the rival submissions, pursuant to the order dated 27th October 2010 passed by this Court in Special Civil Application No.14221 of 2010, allowed Application No.4 of 2010, solely relying upon and reiterating the findings of the interim order dated 19th October 2010, more particularly, in paragraph 5 onwards at two different places, the Tribunal emphasized the findings and observations of prima-facie nature recorded in the interim order dated 19th October 2010, which was quashed and set aside by this Court [Coram: Ravi R. Tripathi, J.] by order dated 27th October 2010 in Special Civil Application No.14221 of 2010. Thus, the decision based on the conclusion recorded in paragraphs 8 and 9 of the order dated 21st April 2011 has the basis on the interim order dated 19th October 2010. The declaration that the applicant therein was more qualified and experienced than respondent No.3 of the said application has the sole basis virtually on the interim order dated 19th October 2010. Apart from the above, though there is reference to the provisions of Homeopathy [Minimum Standards of Education] Regulations, 1983 and Ordinance of Hemchandracharya North Gujarat University and clause 13 with regard to appointment of an official principal, but no discussion with reasons appears and, therefore, on the face of it, the order impugned suffers from the vice of non-application of mind. Therefore, the petition deserves to be allowed on this ground alone, namely, by allowing Application No.4 of 2010, the Tribunal has erred in law and exercised jurisdiction contrary to law while relying upon the interim order dated 19th October 2010 which was quashed and set aside by this Court [Coram: Ravi R. Tripathi, J.] by order dated 27th October 2010 in Special Civil Application No.14221 of 2010.
4 In the result, this petition is allowed. The order dated 21st April 2011 passed by the Gujarat Affiliated Colleges Services Tribunal, Ahmedabad, in Application No.4 of 2010, is quashed and set aside. Application No.4 of 2010 is remanded to the Tribunal with a direction to decide the said application afresh in accordance with law without placing reliance on any of the observations and findings of the orders dated 19th October 2010 and 21st April 2011 and finally decide the matter within four weeks from the date of receipt of writ of this order. There shall be no order as to costs.
(ANANT S. DAVE, J.) (swamy) Top