(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) What is challenged in this Letters Patent Appeal is the order passed in Special Civil Application No.3190 of 2000 dated 02.11.2009 along with order dated 31.12.1999 passed in Misc. Civil Application No.3 of 1999 by the Gujarat Affiliated Colleges Services Tribunal at Ahmedabad. Heard learned advocate Mr.Dhaval D. Vyas for the appellant and learned advocate Mr.H.J. Nanavati for respondents no.1 and 2.
It is trite law that when an order of Tribunal is challenged before High Court under Article 227 of the Constitution of India, no Letters Patent Appeal is maintainable against an order passed in such petition. The learned advocate for the appellant did refer to a decision of Full Bench of this Court in the matter of (The) Bhagyodaya Cooperative Bank Limited Vs. Natvarlal K. Patel and another, reported in 2011 (3) GLH (Full Bench) 89; and another decision in the matter of Vijay Hathising Shah and another Vs. Gitaben Parshottamdas Mukhi, L.R. of Chanchalben P. Mukhi & others, reported in 2011 (3) GLH 449. The learned advocate for the appellant could not point out anything so as to take a different view than the settled position of law as set out hereinabove.
2. In view of that in our considered opinion this Letters Patent Appeal is not maintainable. Hence it is dismissed. Notice is discharged. At the request of the learned advocates for the parties it is clarified that the Court has not examined the matter on merits. It is only on the ground that the Letters Patent Appeal is not maintainable the same is dismissed.
(RAVI R. TRIPATHI, J.) (G.B.
SHAH, J.) karim Top