K.M.MEHTA - (1.) Mukeshchandra Ambalal Patel, a practising lawyer of this court has filed this petition for a writ of mandamus or a writ of certiorari or any other appropriate writ direction or orders quashing and setting aside the judgment and order dated 23.11.1998i passed by the Gujarat Affiliated Colleges Services Tribunal, Ahmedabad(hereinafter referred to as the Tribunal) in Application No. 42 of 1996. The petitioner has further prayed for quashing and setting aside the disapproval dated 3.12.1998 and the petitioner also prayed for a declaration that the petitioner is qualified to be appointed as part time lecturer in the subject of Business Law in Sardar Vallabhbhai Patel Commerce College, Ahmedabad - the respondent no.2 herein. This petition was filed somewhere on 11.8. 1999. When the matter was placed before this court, this Court (Coram: S.K.Keshote-J as he was then) has issued Rule on 18.8.1999 making it returnable on 21.9.1999.
(2.) The facts giving rise to this petition are as under: The petitioner passed his third LL.B Examination in the year 1986. The petitioner thereafter applied for Sanad and after obtaining Sanad from the Bar Council of Gujarat on 24.7.1986 he started his practice as an advocate before this Court as well as other lower courts in this behalf. The Principal Sardar Vallabhbhai Commerce College at Ahmedabad respondent no.2 herein invited application for the post of Part time Lecturer in the subject of Business Law in the month of August 1994. The petitioner applied for the same and thereafter the petitioner was selected and appointment order was given to the petitioner on 25.8.94 . The petitioner resumed duties as a Part time Lecturer in the subject of Business Law in the respondent no.2 college and started taking classes from 1.9.1994. It may be noted that the petitioner was appointed as part time Lecturer in Ahmedabad College. In 1998 the petitioner was teaching in Sardar Vallabhbhai Commerce College, Ahmedabad. The Government passed an order dated 3.12.1998 disapproving the appointment of the petitioner as part time Lecturer. In view of the disapproval of the petitioner's appointment by the Government as part time Lecturer, Ahmedabad College-respondent no.2 herein, the services of the petitioner were terminated. Being aggrieved and dissatisfied with the said action the petitioner filed an Application No.. 42 of 1996 before the Tribunal challenging the said disapproval. The petitioner was also appointed as part time Lecturer in Maniben Bhikhabhai College of Commerce, Dehgam also. In that college the petitioner was appointed somewhere in October 1993 and the Selection Committee duly considered his case and his appointment was also approved by the Gujarat University on 29.12.1993 and the Government has also approved the said appointment on 15.3.1994 in this behalf. However, the Jt. Director of Education (College ) had sent a letter dated 23.2.1995 to the Principal of the Dehgam College and in this letter it was stated that the petitioner is not possessing the requisite qualification for appointment as part time Lecturer. In view of the same, the Jt. Director of Education ( College ) proceeded further for termination of the services of the petitioner as per section 14(1) of the Gujarat Affiliated Colleges Services Tribunal Act. Being aggrieved and dissatisfied with the said appointment of the petitioner at Dehgam College, the petitioner filed Application No. 41 of 1996 before the Tribunal. It is the case of the petitioner that both the Applications Nos 41 and 42 of 1996 were heard by the Tribunal on the same day and on the same day interim relief was also granted in both the Applications. The Tribunal In Application No. 42 of 1996 [regarding Ahmedabad College] by its order dated 23.11.1998 was pleased to hold that the action of the Director, Higher Education, Government of Gujarat disapproving the appointment of the applicant as part time Lecturer is just , proper and legal. The petitioner was not possessing the requisite qualification to be appointed as part time Lecturer in Ahmedabad College and therefore dismissed the application of the petitioner.
(3.) Being aggrieved by the aforesaid action, the petitioner has filed this present petition before this Court. Mr. Jayant N Patel learned advocate for the petitioner has raised the following contentions in this behalf. 1. That the petitioner was possession requisite qualification to be appointed as part time Lecturer in Dehgam college as well as Sardar Vallabhbhai Patel Commerce College, Ahmedabad as per Ordinance No.97 of Gujarat University and in fact the University has approved the appointment of the petitioner. In fact the Government has also approved the appointment of the petitioner as part time Lecturer in Dehgam college. 2. Clause 6 of the Resolution dated 14.9.1988 provides for minimum qualification for appointment to the post of Lecturer in the scale of pay of Rs. 2200-4000 shall be Master's Degree in the relevant subject with attest 55% marks. This qualification is prescribed for full time Lecturer and not to a part time Lecturer and therefore, said Resolution is not applicable to the facts of the case of the petitioner. ;