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Guj HC again ‘strongly disapproved’ of GNLU’s manner of functioning, as employee wins challenge of arbitrary sacking

High court finds against GNLU: Contractual employee was terminated unlawfullyHigh court finds against GNLU: Contractual employee was terminated unlawfully

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”.

HC order against GNLU termination of employment (PDF)

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Like +10 Object -5 NLU Stud 24 Apr 17, 18:24  interesting  controversial
Leading law school eh?
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Like +3 Object -10 Badshah 25 Apr 17, 11:31
The students, and not the admin, makes it a leading law school. I'm sure NLSIU, NUJS are having their fair share of administrative difficulties. Are they not leading? The administration is hardly reflective of the quality of the law school.
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Like +9 Object -2 Name Change 25 Apr 17, 12:03  interesting
Badshah kindly change your name as you are taking like a GULAM not Badshah.
Every Institutes have difficulty but they solve it, but hear the Director is inexperienced who don't no how to run Academics or Administration..
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Like +2 Object -8 Badshah 25 Apr 17, 16:39
Is filing cases and formulating petitions not a way to solve problems? If you look it up, you might see how active the students of GNLU have been in combating administrative inefficiencies.

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.
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Like +8 Object -1 Reality 25 Apr 17, 18:47  interesting
Philosophy doesn't work if you are removed from your job without reason what will you do.
Go to Director explain him.
His days are numbered.
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Like +2 Object -28 GNLU Family 24 Apr 17, 19:05  troll?
It is shameful how Mr Kian (foreigner and anti-BJP), Ms Prachi (Congress member) and some undisciplined GNLU staff and students (Congress member) has been nonstop criticising Prof Patel and GNLU to malign the state of Gujarat and Shri Narendra Modi. But not any word against other Vice Chancellor appointed during Congress era (Bangalore, Hyderabad ,Delhi etc).

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.
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Like +18 Object -0 Legally India-1 25 Apr 17, 10:29  interesting  top rated
I think Prof. Patel has overestimated his qualifications.

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.
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Like +0 Object -14 Badshah 25 Apr 17, 11:33
Nonsense like this gives GNLU a bad name. Don't mix politics into everything. Act like a free thinking individual who has a brain of his own to see the true picture.
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Like +3 Object -3 Reality 25 Apr 17, 18:45
Tell your Director.
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Like +9 Object -0 win 25 Apr 17, 10:42  interesting
Double Ph.D.? when he was appointed as director at that time the degree of Ph.D. was not there. Even he hasn't LL.B. degree. Also he hasn't the academic or administrative experience. Please accept the facts.
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Like +9 Object -0 Jaxx 25 Apr 17, 11:01  interesting
Dr. Patel doesn't like senior employee or experienced employee because they have more ideas and knowledge then Dr. Patel. That's why he terminated the senior employees. in the higher position mostly inexperienced people are there. Like registrar, deputy registrar, assistant registrar, section officer exam, some senior members from academic etc. So the administration of Gnlu is in the hand of wrong people.
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Like +12 Object -0 GUJARATI 25 Apr 17, 12:10  interesting  top rated
The policy of the Director is to remove all the Local People i.e. Gujarati form the institute, tough he himself is Gujarati. Almost 80% of the Staff is Non-Gujarati in the institute where land and money is provided by Gujarat Government for generating employment for local Gujarati.

Dose Hon'ble Prime Minister Shri Narendra Modi Knows this....
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Like +8 Object -0 Mentor 25 Apr 17, 11:28  interesting
We came to know from the reliable sources that the authority of Gnlu are doing very illigal work at present. They put the half truth before the EC and GC. At present he working one of the confidential work which is harmful for Gnlu and employees.[...] is not even eligible for Assistant Registrar. And he run the university. All the idea came from his [...] mind. Even Dr. Patel is not applying his mind. All the decision were taken by [...]. The director is only a toy.
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Like +9 Object -0 tin 25 Apr 17, 11:41  interesting
How many lectures was taken by dr. Patel? Most of his lectures were taken by his junior. But if you ask they produce the papers. On paper it was there. But practically he took very few lectures. Is this a quality of director or professor? Prof. Mani the founder director was the real professor and academician. He was took 2 lectures per day and other academic duties also. And never took the help from the junior. The present director hardly take 2 lectures per week and with the help of junior.
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Like +7 Object -0 munno 25 Apr 17, 11:42  interesting
Why the other authority of Gnlu has been quite on the matter? Dr. Bimal Patel is work like Hitler. But he forget that how Hitler was died. Means everything in the earth has end. Then why he though that it's my own kingdom? No one is permanent. CAG audit was came with the reality. Please accept it.
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Like +5 Object -3 CAG 25 Apr 17, 11:43
Please remember the CAG Audit report of NRI student
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Like +6 Object -2 VT 25 Apr 17, 11:45
Forget this judgement. The PIL against misuse of Power is waiting for you Dr. Patel. Just wait and watch.
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Like +9 Object -0 Money 25 Apr 17, 11:57  interesting
Oh god what is this? Account officer won the case. Congrats bro. Authority of gnlu, pls grow up and run the university properly. Pls be fare and honest with the university. Your one wrong step will halm the university.
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Like +9 Object -0 Additional 25 Apr 17, 12:05  interesting
One could not understand that why Dr. Patel taking this type of decision. What is in his mind? Why he can't understand that because of his act, the university has suffered.
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Like +9 Object -1 Reality 25 Apr 17, 14:03  interesting
Why accounts officer is targeted dose he know something or BIMPA is Scared of him
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Like +0 Object -14 Guestt 25 Apr 17, 16:28
These administrative staff wants to make GNLU a local university rather than a national University. People from outside Gujarat are appointed on the basis of their performance & caliber.
Some of the staff who criticize GNLU event don't know to read and write English language in national University.
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Like +12 Object -1 Proud Gujarati 25 Apr 17, 18:11  interesting
If there was performance than no issues but only criteria in GNLU is how much buttering you can do of Director and His wife.
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.
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Like +12 Object -1 Proud Gujarati 25 Apr 17, 18:15  interesting
It is Gujarati staff who made this University you are just working as caretaker. Now the work is finished so you are throwing them out.
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.
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Like +13 Object -0 Proud Gujarati 25 Apr 17, 18:20  interesting  top rated
Go and develop your state first with your English, if want our Gujarati Modiji will help you.
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Like +6 Object -0 Additional 25 Apr 17, 20:20  interesting
They appointed on fix pay and for a period of only one year. After that they supported in inlegal work and the result they received reward. They appointed on scale based on chamchagiri not based on calibre.
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Like +12 Object -1 Proud Gujarati 25 Apr 17, 18:42  interesting
Gujarati have designated a job for you I.e. selling PANI PURI, please don't do other job it doesn't suite you or we(Gujarati) have to do what Maharashtra did to your state people.
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Like +9 Object -0 Fearless Journalism 25 Apr 17, 19:27  interesting
Below is the story in Bar and Bench about illegal termination.

Now is Bar Ana Beanch also Congress.

This is fearless journalism, Director
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Like +7 Object -0 Gujju 25 Apr 17, 20:28  interesting
If you are so talented and elligible then why your state had not given you the job. We Gujaratis are great and we have big heart. Don't use such language for gujaratis. After all we are giving you chance. Otherwise we have many leterated people. Mind it. If you want to stay here then be in a limit. Mind well
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Like +6 Object -0 Proud Gujarati 25 Apr 17, 20:55  interesting
Gujju Rocks...

Like our Shri Narendrebhai Modo our Beloved Prime Minister...
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Like +2 Object -3 Darkseid 26 Apr 17, 10:24
Kian, why exactly are you allowing the comments section to spread regionalistic vitriol? I have known you to moderate comments for far lesser reasons. Or are you under the impression that these comments are meant as jokes?
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Like +3 Object -0 kianganz 26 Apr 17, 11:06
To be honest, half of it is just a tad confusing... The other half I think illuminates an interesting facet of the regionalistic challenges faced by law schools, particularly in a loud and proud state such as Gujarat. The other half (and yes, that makes one-and-a-half in total) do kind of look like jokes, but I'm not sure.

If there are any comments that are completely inappropriate and beyond the pale that we missed, please do hit the 'report' button.
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Like +2 Object -0 Darkerside 26 Apr 17, 11:42
I think People of Gujarat have always welcomed people from other states with Big Hearts, in case of GNLU there must be something highly else people from Gujarat are very soft and kind.

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
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Like +3 Object -0 Proud gujju 26 Apr 17, 10:31
Why others are quite on this matter? Being a Gujarati we must have to write. How dare he/she to wrote against gujjus with such language. They have no right to say anything as they are here for there survival.
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Like +2 Object -0 Darkerside 26 Apr 17, 11:00
It seems that GNLU Authority is scared that the wrong things done against the Gujarati People is coming out.

Please Prime Minister look in the matter as your state people are deprived of their rights....
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Like +0 Object -0 Guest 26 Apr 17, 11:37
V r cd r e c
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