IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6576 of 2016 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT =============================================

Approved for Reporting Yes No √

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SNEHAL CHANDRASHEKHAR JANI Versus MAHARAJA KRUSHNASINHJI BHAVNAGAR UNIVERSITY & ORS.

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Appearance:

MR GM JOSHI, SENIOR ADVOCATE WITH VYOM H SHAH(9387) for the Petitioner(s) No. 1 MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 1 MS DHRUTI PANDYA, AGP for the Respondent(s) No. 2 MR AKSHAT KHARE FOR MRS SUMAN KHARE(2226) for the Respondent(s) No. 3 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 10/03/2026

JUDGMENT

1. Heard Mr.G.M.Joshi, learned Senior Advocate with Mr.Vyom Shah, learned advocate for the petitioner, Mr.Nikunt Raval, learned advocate for respondent No.1, Ms.Dhruti Pandya, learned AGP for the respondent State and Mr.Akshat Khare, learned advocate for Mrs.Suman Khare, learned advocate for respondent No.3.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs: “(A) This Honourable Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the form of mandamus or any other appropriate writ, order or direction, quashing and setting aside the impugned notice of termination by declaring the petitioner is entitled to continue as Assistant Professor on the establishment of the respondent university by directing the respondent university to pay her full salary and allowances from April 2015 and directing the respondent university to continue to pay her regular salary and allowances every month;

(B) This Honourable Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the form of mandamus or any other appropriate writ, order or direction, quashing and setting aside the original order of appointment dated 24.03.3013 inasmuch as it restricted the appointment till 31.03.2018 and deprives her of benefits and allowances as well as concessions and relative service advantages available to a permanent and regular teachers;

(C) During the admission, pendency and final disposal of this petition be pleased to restrain the respondent, its officers, servants and agents from terminating the services of the petitioner by acting upon the notice dated 02.04.2016 and further restrain the respondent, officers, servants and agents from obstructing the petitioner in performing her duties as Assistant Professor at department of physics at Maharaja Krishnasinhji Bhavnagar University;”

3. At the outset, it is required to be noted that on

17.02.2026, this Court passed the following order :

“[1] Heard Mr. Gautam Joshi, learned senior counsel assisted by Mr. Vyom H. Shah, learned advocate for the petitioner.

[2] None present for the respondents, except Ms. Dhruti Pandya, learned AGP for respondent No.2.

[3] Mr. Joshi, learned senior counsel would submit that though prayers are made to the effect that the petitioner may continue as Asst. Professor on establishment of the respondent - University but under the instructions of his client, the petitioner would like to restrict her prayer qua non-granting salary for the period served by the petitioner with respondent – University.

[3.1] Mr. Joshi, learned senior counsel would submit that the petitioner was regularly selected and appointed as Asst. Professor by the respondent – University vide appointment order dated 24.12.2013 and as per the same, petitioner was required to pay regular pay-scale. It is submitted that an agreement was also executed by the petitioner and the thereafter, after following order, other process and formalities including medical, petitioner was appointed.

[3.2] It is submitted that from April 2015, petitioner has not received any salary due to reason cited by the University that appropriate gra