VAIBHAVI D. NANAVATI
DIPTIBEN C. PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
VAIBHAVI D. NANAVATI, J.
1. Heard Mr. Bhuvnesh Gahlot, learned advocate appearing for Mr. N.K. Majmudar, learned advocate for the petitioner, Mr. Premal Joshi, learned advocate for the respondent no. 4 and Ms. Pooja Ashar, learned A.G.P. for the respondent nos. 1 to 3.
2. By way of the present petition, the petitioner has prayed for the following reliefs:
(B) issue appropriate writ, order or direction, quashing and setting-aside the resolution passed by the concerned respondent authorities dated 18.3.2010 by which service of the petitioner has been put an end to and be pleased to hold that the action on the part of the concerned respondent authorities in terminating the services of the petitioner by passing resolution dated 18.3.2010 is illegal, arbitrary, illogical and irrational.
(C) issue appropriate writ, order or direction, directing the concerned respondent authorities to reinstate the petitioner to the post of Assistant Professor and to give appointment to the petitioner on permanent basis to the post of Assistant Professor in view of the fact that the petitioner’s name was figured at S. No. 3 in the waiting list prepared pursuant to the advert
The court upheld the validity of the termination of the petitioner's services, ruling that the waiting list had expired before the termination occurred, thus negating any claim for reinstatement.
The inaction of the government in not appointing candidates from the waiting list without justifiable reasons is arbitrary, bad in law, and illegal.
If a selected candidate joins and resigns within a period of currency of waiting list, a wait listed candidate would have a right to claim appointment and this very proposition also appears to have b....
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
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