JUDGMENT :

A.J. Desai, J.

1. The present Group of appeals have arisen from the oral judgment dated 31.8.2021 passed by learned Single Judge in the captioned writ petition by which the petition filed by the respondent No. 1 herein was allowed in part and the order dated 3.2.2017 issued by Dr. Babasaheb Ambedkar Open University was quashed and set aside and the said University was directed to reinstate the original petitioner, however, without any back wages for the interregnum period i.e. from 2017 till date the original petitioner resumes the duty, holding the University to continue services of respondent No. 4 till completion of fix period of five years on fixed salary which was coming to an end in the year 2021.

2. Letters Patent Appeal No. 1092 of 2021 came to be admitted by the coordinate Bench of this Court vide order dated 13.1.2022 after hearing learned advocate appearing for the appellant-University and Ms. Niyati Shah, learned advocate appearing for the original petitioner. On the same day, coordinate Bench has also stayed impugned judgment dated 31.8.2021 passed by learned Single Judge till the final disposal of the appeal.

3. Though the appeals are of the year 2021 and 2022 respectively, the same have been taken up for final disposal in view of the stay granted by the coordinate Bench of this Court as well as the fact that the original petitioner is without service.

4. The short facts arise from the record are as under:

4.1 The appellant of Letters Patent Appeal No. 1092 of 2021, namely, Dr. Babasaheb Ambedkar Open University is established by State of Gujarat for promotion of the Open University and distance education system in the educational pattern of the State under The Babasaheb Bhimrao Ambedkar University Act, 1994 (Gujarat Act No. 14 of 1994) (hereinafter referred to as ‘University Act’) w.e.f. 13.4.1994 and the remaining provisions of the Act have come into force w.e.f. 26.4.1994. The Governor of Gujarat shall be the Chancellor of University as per Section 9 of the aforesaid Act. The Vice Chancellor, Directors, Registrar and such Officers in service of the University are either to be appointed by the State Government or by a Committee appointed for the said purpose.

4.2 The Education Department of the State of Gujarat vide Resolution dated 23.5.1995 sanctioned 11 posts describing their pay scales. Therefore, by another Resolution dated 24.5.2000, the State Government sanctioned 30 posts, however 8 posts which were earlier granted came to be cancelled. The said Resolution includes post of Supervisor (Civil). Thereafter, State Government vide another Resolution dated 23.1.1998 further sanctioned 21 posts for teaching as well as non-teaching staff for the University. As per the said Resolution, it was clarified by the State Government that University is supposed to follow the guidelines stated in the said Resolution itself like there should be no direct appointment on the post, the appointment shall be made on deputation, surplus and/or contract basis or retired persons on contract basis as well as to see that the appointments shall be made in such a way that there would be no financial burden on the State Government.

4.3 In consonance with the aforesaid Government Resolutions, the appellant-University issued a public advertisement on 7.7.2001 inviting applications for various teaching and non-teaching posts for appointment on contract basis on fixed salary which included post of Supervisor (Civil). Since the original petitioner was interested on the post of Supervisor (Civil), he applied for the said post and after following recruitment procedure, the original petitioner was appointed on the post of Supervisor (Civil) by order dated 3.10.2001 for a period of one year with consolidated fixed salary on the pay scale of Rs. 4500-7000 with allowances available for the said post. The original petitioner was also direc