1. The petitioner herein has prayed for quashing and setting aside the impugned order dated 02.04.2012 passed by the Gujarat Affiliated College Services Tribunal in Application No. 11 of 2012.
2. Ms.
Mamta Vyas, learned advocate for the petitioner has submitted that the respondent no. 3 filed application no. 11 of 2012 before the Tribunal wherein exparte interim relief was granted pursuant to which the respondent no. 3 was required to be continued without any work and therefore an application for vacating the interim relief as well as the reply to the main application was filed by the petitioner. She submitted that no order was passed for a week after the matter was heard by the Tribunal and finally the petitioner was handed over a copy of the order dated 02.04.2012 wherein interim order granted by the Tribunal was confirmed. She has relied upon a decision of this Court in the case of Gujarat Vidyapith and Another vs. Becharbhai Nagajibhai Bharwad and Another reported in 2005(1) GLR 407.
3. As a result of hearing and perusal of the records, this Court is of the view that since the mandatory order is already granted, it shall be appropriate if the petitioner approaches the Tribunal for expeditious hearing of the main application. Accordingly, the petitioner shall approach the Tribunal by way of appropriate application for expeditious hearing of the main application pending before it. If such an application is preferred the Tribunal shall hear and decide the main application as expeditiously as possible preferably on a day to day basis and shall try to dispose of the same before 31.12.2012. It is also clarified that the respondent shall co-operate with the proceedings failing which it shall be open to the petitioner to move this Court for appropriate relief by way of revision of this petition. Petition stands disposed of accordingly.
(K.S.
JHAVERI, J.) Divya// Top