BHASKAR BHATTACHARYA, J.B.PARDIWALA
Pradeep P. Prajapati – Appellant
Versus
Principal Secretary – Respondent
J.B. Pardiwala, J.—This appeal under Clause 15 of the Letters Patent is at the instance of original petitioner and is directed against the judgment and order dated October 11, 2010 passed by the learned Single Judge of this Court and thereby, his Lordship rejected the petition solely on the ground of delay and laches without going into the question as to whether a writ of quo warranto can be filed for challenging an appointment to the post of Chief Accounts Officer of a University and other related issues.
I. Genesis of the Litigation :
2. The appellant-original petitioner is a Professor and is serving with Gujarat University. He also happens to be a Senate Member of the Gujarat University. Record reveals that in the year 2004, he was suspended from service by the then Vice Chancellor of the respondent-University in exercise of powers under Section 11(4) of The Gujarat University Act, 1949 (hereinafter referred to as ‘the Act’). A departmental inquiry has also been initiated and is still pending. However, it appears that the Tribunal quashed the order of suspension against which Special Civil Application No. 17244 of 2011 is pending before this Court. Record also reveals that
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