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SCA/5647/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 5647 of
2011
=========================================================
DR
K BABAPAI, OFF. DEAN & 1 - Petitioner(s)
Versus
DR
K V R MURTHY & 3 - Respondent(s)
=========================================================
Appearance
:
MR.
JAYRAJ CHAUHAN FOR MR. MUKUND M DESAI
for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 - 2,
4,
GOVERNMENT PLEADER for Respondent(s) :
3,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 02/05/2011
ORAL
ORDER
Heard
Mr. Jayraj Chauhan, learned advocate for Mr. Mukund M. Desai, learned
advocate for the petitioners. It is submitted by him that the
conclusions drawn by the Tribunal are dehors the provisions of
Ordinance 200 of the University, inasmuch as the said Ordinance
mandates that the Teacher concerned should have passed one of the
examinations mentioned in Section 2(i) at the time of appointment and
as per clause 2(i)(c) of the said Ordinance, the written and oral
Gujarati Proficiency Test must be passed within a period of two years
from the date of joining or before the due date of confirmation,
which has not been done in the case of respondent No.1.
Notice,
returnable on 16.06.2011.
The
implementation, execution and operation of the impugned judgment of
the Tribunal dated 21/22.02.2011, rendered in Application No.21 of
2010, shall remain stayed, till then.
In
addition to the normal mode of service, Direct Service is also
permitted.
(Smt. Abhilasha Kumari, J.)
Safir*
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