Dr. Kadvabhai Sidibhai Parmar vs Gujarat Agricultural University and Others

J.N. Bhatt, Actg. C.J.

A question, referred to the Larger Bench, to decide the constitutional question, by the learned single Judge (Coram ; A. D. Desai, J.) on 24-3-1977, would show that what it required to be decided by us almost after more than a quarter of century, is travesty of justice in a service matter on hand.

The learned single Judge has referred the question of constitutionality of the provisions of Section 52 of the Gujarat Agricultural University Act, 1969, ("Act" for short).

The Division Bench of this Court (Coram : S.H. Sheth and S.B. Majmudar, JJ. as they then were), in a decision rendered on 9-7-1980, in Bhudarbhai Hirabhai Patel Vs. State of Gujarat and Another, , has upheld the validity and constitutionality of the provisions of Section 52 of the Act. It has been held that the provisions of Section 52 of the Act are not violative of Arts. 14 and 16. It is further observed in the said decision, that the legislature has, in the Act, treated and characterized a separate class out of the employees engaged in service with the Gujarat Agricultural University.

In Bhudarbhai''s case (supra), the contention was raised by an employee that on the day of the establishment of the Gujarat Agricultural University in the State of Gujarat, he was working in the Agricultural Department of the State of Gujarat and was not actually working in any of the institutions or colleges transferred to the University u/s 51 of the Act and he was not given an option as to whether he would like to join University services or not and merely he was by Notification of the Government came to be transferred to the Agricultural University. The same has been one of the contentions in the present case. Section 52 of the Act relates to transfer of existing staff serving in any of the institutions or colleges transferred or liable to be transferred to the Gujarat Agricultural University u/s 51. The petitioner was holding the post of Assistant Botanist in the Scheme of Botanical Research at Agricultural Colleges of Junagadh, which was formerly under the control of G.R. Agriculture, Forests and Co-operation Department of the State of Gujarat.

The petitioner came to be deputed for training in the subject of "Agricultural Genetics and Plant Breeding for Ph.D. at New Delhi for a spell of three years starting with effect from May 14, 1971 as per the order issued by the concerned department on August 2, 1971 on the same terms and conditions as laid down therein. The training period of the petitioner came to be extended by the State from time to time. In the meantime, the Scheme for Botanical Research at Agricultural College, Junagadh, which along with the personnel of the Scheme came to be transferred to Gujarat Agricultural University as per Item No. 25(i) of the G.R. Agriculture, Forests and Co-operation Department, dated June 1, 1972. The petitioner completed his training in the institution at Delhi on October 25, 1974 and he came to be posted by the Registrar of the Gujarat Agricultural University at Navagam Centre, by Order dated 17th May, 1974.

The Vice-Chancellor of the Agricultural University passed an order dated September 11, 1975 of dismissal of the petitioner from the service of the University after holding departmental inquiry. The petitioner challenged the order of dismissal by filing this petition on six grounds, which are elaborately articulated by the learned single Judge, in the referral order. Insofar as ground No. 6 is concerned, the learned single Judge thought it expedient, in view of the challenge raised in the petition in ground No. 6, that the issue or the question of constitutionality of the provisions of Section 52 of the Act, is required to be adjudicated upon by a Larger Bench, and that is how the then learned Chief Justice of this Court assigned this matter to our Bench, and as observed hereinabove, the vires and the constitutionality of Section 52 of the Act has been upheld by the Division Bench of this Court in Bhudarbhai''s case (supra). We find ourselves in agreement with the said decision of the Division Bench. The order of the learned single Judge, referring the constitutionality issue, was passed in the year 1977, and as observed hereinabove, the decision in Bhudarbhai''s case (supra) came to be rendered on 9-7-1980, and since we are in agreement with the decision rendered by the Division Bench, we answer the question referred to us, accordingly, finding ourselves in agreement with the view that the provisions of Section 52 of the Gujarat Agricultural University Act, 1969, are not violative of Articles 14 and 16 of the Constitution of India.

Since, unfortunately, the petition, pending for more than a quarter of century, is yet to be finally adjudicated upon ceremoniously by the learned single Judge, after giving our answer to question referred to us, we direct the Registry to place this matter before the learned single Judge, taking up such matters, in view of the present roster, so as to render final decision in the matter. The office, in view of unpleasant and very long delay, is directed to immediately take appropriate action, and, we are sure, the learned single Bench would also accord top priority to this matter. Probably, this may be the senior-most pending matter, insofar writ petitions are concerned, and, with a view to obviate further delay, the petitioner, who is appearing "party-in-person" and the learned Counsel, appearing for the respondent-University, would appear before the single Bench, taking up such matters, on 7th May, 2003, who are present in the Court and they are informed today.