GNLU Gandhinagar’s order terminating the appointment of its account officer was unfair, ruled the Gujarat high court last week, ordering GNLU to allow the officer to continue in his post.
The high court’s Justice Sonia Gokani wrote in a 57-page judgement in the case against accounts officer Manoj Patel’s oral termination of appointment by GNLU:
action of the respondent University cannot be endorsed by any standard and in fact, deserves to be strongly disapproved, terming the same as arbitrary and unreasonable in absence of any reason much less valid and cogent grounds for such termination and resultantly, the petition deserves to be allowed.
She added that it was wrongful for GNLU to have ended Patel’s appointment orally by the end of 2016, before the expiration of the period of his contractual employment that should have contractually continued until 2019, without stating any grounds for such termination.
She said that the discretion of the appointing authority is still subject to the fundamental rights of the petitioner:
even if the respondent University claims to be governed by the terms of the contract, then also any termination without any material for ending the service of an employee, prior to January 01, 2019, can be held to be an act, which surely warrants indulgence being violative of Article 14 of the Constitution of India.
It is undoubtedly the discretion of the concerned authority either to appoint a person or to grant extension. If the terms indicated in the letter of appointment are to govern the contractual appointment, then also the Regulations provide for completing the contractual appointment for the period for which it had been granted.
Patel’s termination had been stayed after the high court gave interim relief in January 2017 following the filing of his petition.
We understand that another case against GNLU brought by three employees before the Gujarat HC alleging illegal appointments by the law school, was recently dismissed with the petitioners being asked to place their case before the GNLU executive council again or to approach a division bench of the high court if not satisfied with the outcome.
Also, the inquiry commission ordered by former chief justice of India CS Thakur, to be set-up to look into GNLU director Bimal Patel’s allegedly improper appointments at the law school, remains in limbo.
This case is not the first time the Gujarat high court has passed adverse orders against GNLU. In May 2016, the high court had infamously noted that GNLU had been turned “into an oligarchy where all decisions are taken, reviewed and implemented by a select few, and students are casually denied basic human rights and natural justice”.
threads most popular
thread most upvoted
comment newest
first oldest
first
Every Institutes have difficulty but they solve it, but hear the Director is inexperienced who don't no how to run Academics or Administration..
PS: Ghulam or Badshah, the truth remains that I am a part of the resistance. Just as many other students and alumnus. That helps us be a good law school. Not our director.
Go to Director explain him.
His days are numbered.
You can do criticisms thousand times but GNLU family of teachers, students and staff is united and will ten thousand times support Prof Patel. He is a jewel who is realising Shri Narendra Modi's vision of making Gujarat into world-class hub of education and making GNLU into IIM Ahmedabad of legal education.
Please also remember that apart from being excellent administrator Prof Patel has double PhD, including from world-famous Leiden University and he was eminent jurist in Hague. Currently he is Law Commission Member which is great source of pride for us.
We hope one day Prof Patel will become Rajya Sabha MP or Lt Governor or judge at ICJ.
Prof. Patel has Phd, LLM and can't be termed as Law Graduate as he doesn't possess LLB degree, the same is stamped by High Court where number of times it has allowed petition against GNLU starting from Students to Employee have won cases.
I think Prime Minister doesn't know your reality as if the same was known he would have removed you immediately.
GNLU Family please tell any Director or VC who doesn't have LLB degree and than challenge, all their appointments are legal. Porf. Patel was not even selected by search committee he is a BACK DOOR entry.
Legally India is doing fearless journalism.
Congress has many issues don't rate yourself too high.
Dose Hon'ble Prime Minister Shri Narendra Modi Knows this....
Some of the staff who criticize GNLU event don't know to read and write English language in national University.
I think a treatment like Maharashtra is needed in Gujarat.
People of Gujarat made the Vision of National University and the power of Gujarat can be seen how Hon'ble PM with his Vision is working.
Gujarati is the language of State.
Go back to your state Modiji has selected good chief Minister for your state.
He will develop your state, see again thank Gujarati for your state development.
Go Back our Gujarati Director has forgotten because he was a Gujarati therefore he was preferred without qualifications.
barandbench.com/gujarat-hc-strongly-disapproves-gujarat-national-law-university/
Now is Bar Ana Beanch also Congress.
This is fearless journalism, Director
Like our Shri Narendrebhai Modo our Beloved Prime Minister...
If there are any comments that are completely inappropriate and beyond the pale that we missed, please do hit the 'report' button.
GNLU must come out clean to this if they have done any nothing against the People of Gujarat...
Love Gujarat, Love the People, Love Narendrabhai
Please Prime Minister look in the matter as your state people are deprived of their rights....
threads most popular
thread most upvoted
comment newest
first oldest
first