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2021 Supreme(Guj) 213

SANGEETA K.VISHEN
Girish Jivrambhai Thakkar – Appellant
Versus
Hemchandracharya North Gujarat University – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Bhargav Hasurkar.
For the Respondents: Mr. Rohan Shah, Mr. Siddharth H. Dave.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. With the consent of the learned advocates for the respective parties, the matter is taken up for final hearing.

2. Issue Rule, Mr. Siddharth Dave, learned advocate waives service of Rule on behalf of respondent No. 1 and Mr. Rohan Shah, learned Assistant Government Pleader waives service of Rule on behalf of respondent Nos. 2 and 3.

3. By this petition, inter-alia, under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the advertisement dated 27.7.2017 qua the post of Controller of Examination. The petitioner has also prayed for quashing and setting aside the order of termination dated 4.7.2015 passed by the Hemchandracharya North Gujarat University i.e. respondent No. 1 (hereinafter referred to as “the University”) on the ground that the same is illegal and bad in law, it having been passed without following due process of law namely, the University Statute so also, in contravention of the University Grants Commission Regulations dated 28.06.2010 (herein after referred to as the Regulations of 2010”).

4. The facts, discernible from the record, are as under:

    4.1. According, to the petitioner, after pub

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