Subject :
GUJARAT VIDHYAPITH vs RAXABEN ANILKUMAR PATEL & ANR.
Subject: Service Law – Employment Termination
Keywords: employment, termination, qualifications, judgment, appeal, salary, benefits, writ petition, legal order, service rules
Termination of services is invalid if the employee meets all requisite qualifications as per appointment conditions and relevant laws.
The present appeal is preferred under Clause 15 of the Letters Patent by Gujarat Vidhyapith against the order of the learned Single Judge granting relief to the respondent, who was terminated from service. The court found that the respondent had complied with educational qualifications as per the appointment orders. The learned Single Judge's ruling was affirmed. The appeal is dismissed.
MAHENDRA SHANABHAI PATEL & ORS. vs THE DISTRICT MAGISTRATE & ORS.
Subject: Civil Law – Human Rights
Keywords: jurisdiction, Human Rights Commission, property dispute, civil court, preliminary inquiry, human rights violation, legislative intent, legal authority, settlement, abuse of process
The Human Rights Commission lacks jurisdiction in private property disputes and must not interfere in cases already pending in civil courts.
(A) Protection of Human Rights Act, 1993 - Sections 2(d), 12, 17, 29 and 36 - Jurisdiction of State Human Rights Commission - The Commission exceeded its jurisdiction by entertaining a private property dispute disguised as a human rights violation; private property disputes should not invoke human rights jurisdiction. (Paras 8, 11, 16, 20, 22) (B) Due Process - The Commission failed to conduct a p...
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