The main legal point established in the judgment is that the Lokayukta had jurisdiction to inquire into the complaint against the petitioner, as their actions as the Ex-Officio Chairman of the Executive Council fell within the purview of the Lokayukta Act.

R.M. Chhaya, J.

1. Heard Mr. Jal S. Unwala, learned advocate with Ms. Tejal Vashi, learned advocate for the petitioner, Ms. Manisha L. Shah, learned advocate for respondent No. 1 and Ms. Mamta Vyas, learned advocate for respondent No. 2.

2. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:--

"(A) To hold and declare that the complaint at Annexure-C to the present petition made by the respondent No. 2 against the present petitioner is not maintainable before the respondent No. 1 herein in view of the provisions of Gujarat Lokayukta Act, 1986 and be further pleased to hold and declare that the respondent No. 1 herein has no jurisdiction, powers or authority in the facts and circumstances of the present case to entertain the complaint of the respondent No. 2 herein against the present petitioner which is at Annexure-C to the present petition and thereby be pleased to quash and set aside the impugned complaint at Annexure-C dated 16-3-2015 against the present petitioner;

(B) To quash and set aside the order dated 30-9-2015 passed by the respondent No. 1 herein which is communicated to the petitioner by way of impugned letter dated 5/6-10-2015 at Annexure-H to the present petition and thereby be pleased to direct the present respondent No. 1 herein to decide the issue and jurisdiction as a preliminary issue and also further direct the respondent No. 1 herein to give the certified copy of the said decision/order as and when passed by the respondent No. 1 herein and also be further pleased to direct the respondent No. 1 herein to give certified copy of the impugned order dated 30-9-2015 to the petitioner forthwith, by quashing and setting aside the order dated 25-10-2015 and 27-10-2015;

(C) Pending the hearing and final disposal of this writ petition, be pleased to stay all the further proceedings, inquiry and investigation before the respondent No. 1 herein in Investigation Case No. 4 of 2015 which is at Annexure-C to the present petition initiated by the respondent No. 2 herein against the petitioner and further be pleased to direct to the respondent No. 1 herein to produce before this Hon'ble Court the copy of the order dated 30-9-2015 passed below the application of the petitioner for deciding the question of jurisdiction as preliminary issue;"

3. Following facts emerge from the record of the petition:--

3.1 That, the petitioner is a former Vice Chancellor of Hemchandracharya North Gujarat University. It appears from the record that Smt. A.J. Savla, Homeopathic Medical College and R.I. Mehsana and Smt. S.H. Gardi Homeopathic/General Hospital at Mehsana run by New Progressive Education Trust passed a Resolution on 31.3.2005 granting permission to one of his faculty - Dr. Pinakin Trivedi. The said Homeopathic College forwarded the proposal to the College for getting recognition from the University. The said proposal was taken up for its consideration in the Executive Council of the University in its meeting held on 19.3.2012, wherein the petitioner was Ex-Officio Chairman of the Executive Council and passed a Resolution on the same day granting recognition to the permission and appointment of Dr. Pinakin Trivedi with retrospective effect from 1.1.2005. It appears from the record that the said Dr. Pinakin Trivedi was also appointed as In-charge Principal for two years from 2007 to 2009 and he was removed. Thereafter, he challenged the said action by way of filing an application before the Gujarat Affiliated Colleges Service Tribunal by way of Application No. 4 of 2010 for getting appointment as Principal which came to be allowed vide order dated 20.12.2011 passed by the Tribunal and the said order is challenged by the trust by way of filing a writ petition before this Court being Special Civil Application No. 1089 of 2012 which is pending. It is also noteworthy that another writ petition being Special Civil Application No. 17203 of 2012 is filed by one Jun