VAIBHAVI D. NANAVATI
Mehta Dhirendra Rasiklal – Appellant
Versus
Acharyashri – Respondent
JUDGMENT :
Vaibhavi D. Nanavati, J.
1. The petitioner herein is aggrieved by the impugned order dated 12.01.2007 passed by the Gujarat Affiliated Collages Services Tribunal in Application No.12 of 1997 and has prayed for the following reliefs:
(B) Your Lordships may be pleased to issue a writ certiorari or mandamus or a writ in the nature of certiorari or mandamus or any other appropriate writ, order or direction quashing and setting aside order dated 12th January 2007 passed by Gujarat Affiliated Colleges Services Tribunal, in Application No.12 of 1997 filed by respondent No.4; and further be pleased to allow Application No.76 of 1996 filed by the petitioner in toto;
(C) Pending the hearing and final disposal of the petition, this Honourable Court may be pleased
[i] to stay and suspend the execution, implementation, operation and enforcement of the judgment and order dated 12th January 2007 passed by Gujarat Affiliated Colleges Services Tribunal, [Annexure “G”];
[ii] to direct the respondent Nos. 1, 2 and 3 not to prevent the petitioner from working as Lecturer and/or part-time Lecturer in the subject of Philosophy;
(D) An e
Part-time lecturers must undergo a selection process to be appointed as full-time lecturers; mere service as part-time does not confer an automatic right to promotion.
Directions issued in exercise of jurisdiction of Supreme Court under Article 142 of Constitution of India shall not be treated as precedent.
Appointments in public service must adhere to the order of merit as recommended by the relevant authority, and back-door entries are impermissible.
The main legal point established in the judgment is the requirement for conducting regular selections for the post of Asstt. Professor in accordance with the UGC Regulations of 2010, and the emphasis....
Point of law; It is clearly clarified in this judgment also in line with the earlier judgments also that unless and until the original appointment is a “regular recruitment” in accordance with “the r....
Temporary or irregular employees lack a legal right to permanent status unless appointed per relevant rules, as established in Uma Devi (3).
The continuous advertisement of a reserved post for a specified period without a response from reserved category candidates entitles the appointed candidate to de-reservation and service benefits as ....
Regularization of part-time employees must adhere to the principles of regular appointment and cannot be granted as a back-door entry.
The main legal point established in the judgment is that the change in status of an employee from a permanent position to a clock hour basis must follow due procedure as provided under the University....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.