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2024 Supreme(Guj) 735

BIREN VAISHNAV, PRANAV TRIVEDI
Yuvrajsinh Ratansinh Rathod – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr D G Shukla, Mr Harsheel D Shukla
For the Respondent:Mr.Rohan Shah, Agp, Mr. S. I. Nanavati, Senior Advocate With Mr Vandan K Baxi, Nanavati & Nanavati, Vikas V Nair

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

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