
AHMEDABAD, Oct 5: In an important judgment, Gujarat University Tribunal judge Rajendra Patel has quashed the appointment of Prof Ushaben G Bhatt as GU8217;s Head of the Department of History.
Applicant Professor Mangubhai Patel was appointed Reader on August 25, 1985, by open selection but Bhatt was promoted as Reader on merit promotion scheme and subsequently appointed Head of the Department of History from November 1, 1994. But relying on a Supreme Court judgment in the Dr Rashmi Shrivastava case, the Tribunal held that Patel was senior to Bhatt in the cadre of Reader.
The Tribunal also rejected the contention of the University that the application became infructuous since Patel retired in October 1997. The Tribunal remarked that Bhatt was wrongly appointed by the university, and that if her appointment was not quashed, it would amount to giving a go-ahead to GU8217;s illegal action.
The Tribunal also took note of the fact that the petitioner made five representations quoting the Supreme Court judgment, but the university did not act. The Tribunal observed that it was the university8217;s duty to apply its mind and seek the opinion of an advocate if necessary. If an autonomous body like university does not act upon its illegal action, such an inactiveness needs to be deprecated. The Tribunal also observed that if such an inaction is not disapproved of, authorities get a licence to repeat such action and may even continue to be inactive at the cost of its employees8217; fundamental rights.
The Tribunal also asked GU to pay Rs 2,500 towards cost. Advocate Dinesh Shah appeared for Professor Patel.