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BIREN VAISHNAV, PRANAV TRIVEDI
Yuvrajsinh Ratansinh Rathod – Appellant
Versus
State of Gujarat – Respondent
ORDER :
Pranav Trivedi, J.
1. The present Letters Patent Appeal under Clause 15 of the Letters Patent is filed by the appellant – original petitioner assailing the correctness and validity of the order dated 05.05.2023 passed by the learned Single Judge in Special Civil Application No.7232 of 2023.
2. The prayers made by the appellant - original petitioner in the writ petition before the learned Single Judge was to pass direction / Writ of Quo-Warranto to quash and set aside the appointment order issued by the respondent No.2 – Institution, appointing respondent No.4 as the Professor as well as the Director of the Institution.
3. The learned Single Judge after considering the arguments of both the parties came to a conclusion that the writ petition was not maintainable, as the respondent – Gujarat Cancer and Research Institute (hereinafter referred as “the respondent”) was not a State within the meaning of Article 12 of the Constitution of India. The present appeal is preferred assailing the said order.
4. The factual matrix which has led to filing of the writ petition is that the petitioner was a Social Activist as well as R.T.I Activist – Whistle Blower residing at Ahmedabad. It was t
The main legal point established in the judgment is the significance of precedent and the doctrine of stare decisis in determining the applicability of legal provisions, such as the definition of 'St....
Matter pertains to the internal affairs of an unaided Non-Government Educational Institution, a writ petition would not be maintainable against the unaided private Institution, as an alternative reme....
The main legal point established in this judgment is that an entity can be considered 'the State' within the meaning of Article 12 if it is financially, functionally, and administratively dominated b....
Writ petitions against private entities are not maintainable under Article 226 unless public law elements are involved; termination from a private company does not invoke judicial review.
A body is not considered a 'State' under Article 12 unless it is financially, functionally, and administratively dominated by the government, which was not established in this case.
Educational institutions receiving state assistance fall under the definition of 'State' in Article 12, making them subject to judicial review under Article 226.
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