- (1.) By this application under Article 227 of the Constitution of India, the petitioners call in question the legality and validity of the order dated 27.8.2003, passed by the Gujarat Universities Services Tribunal at Ahmedabad in Application No. 29/03, filed by the respondent No.1 herein.
(2.) The facts of this case may be summarized as under: - 2.1 The respondent No.1 was appointed on 9.8.2002 as the Chief Accounts Officer in the set -up of the South Gujarat University, on probation for a period of two years. The appointment was pursuant to a Resolution dated 8.8.2002, passed by the Syndicate of the University. It was noticed by the University that the performance of the respondent No.1 was not satisfactory. Accordingly, the Syndicate in its meeting convened on 26.5.2003, passed a Resolution to put an end to the services of the respondent No.1 as the Chief Accounts Officer. The impugned order or rather the Resolution reads as under: - "It is hereby resolved that having considered the performance of Shri P.P. Popat, serving as the Chief Accounts Officer of the University, the period of probation be brought to an end immediately i.e. with effect from 21.5.2003."
(3.) Being dis -satisfied with such decision of the University, the respondent No.1 preferred an Appeal, which was registered as Appeal No. 2 of 2003 before the Tribunal. The Tribunal, by its judgment dated 27.8.2003, allowed the appeal declaring the termination of the respondent No.1 as illegal and ordered reinstatement in service with full backwages and also with benefit of continuity of service. Hence, this petition.;