HIGH COURT OF GUJARAT
HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK, J, BIREN VAISHNAV
Chetnaben Jayrambhai Savaliya – Appellant
Versus
Saurashtra University – Respondent
ORDER :
(BIREN VAISHNAV, ACJ)
1. These appeals have been filed by the appellants who are the original petitioners. Challenge in these appeals is to the common CAV judgement dated 04.05.2022 passed by the learned Single Judge by which the learned Single Judge dismissed the petitions filed by the petitioner –common in both the petitions.
2. Letters Patent Appeal No. 1062 of 2022 arises out of a petition being Special Civil Application No. 12315 of 2004. By way of the said petition, the petitioner had prayed for setting aside the decision of the Saurashtra University dated 12.06.2004 by which the representation of the original petitioner was rejected in context of her non-appointment as a full time lecturer on the post in question.
2.1 Letters Patent Appeal No. 1063 of 2022 is preferred challenging the judgement passed in Special Civil Application No. 17738 of 2011 which was filed praying for a writ of mandamus to quash and set aside the order of the Tribunal dated 04.10.2011 rejecting the review application of the appellant – original petitioner.
3. Reiteration of facts is not necessary in light of the same having been set out by the learned Single Judge to which there can be no dispute.
In employment disputes, the burden of proof lies with the claimant to establish their right to the position, and courts will not interfere with lower court decisions unless they are perverse or legal....
Directions issued in exercise of jurisdiction of Supreme Court under Article 142 of Constitution of India shall not be treated as precedent.
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.
Selection process legality cannot be challenged after participation without evidence of misconduct or unfairness.
The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
Point of Law : if any mistake committed by the department in making pay fixation of an employee is rectified after the retirement of an employee withdrawing the benefit which have been paid to such e....
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.