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Friday, November 13, 1998

HC orders status quo

EXPRESS NEWS SERVICE  
AHMEDABAD, Nov 12: In an interim relief, Justice N.N. Mathur of Gujarat High Court on Thursday directed the state government not to initiate procedure for appointing a new vice-chancellor to Gujarat University till a petition filed by S.B. Vora, who was dismissed from the post on November 10, is not disposed of.

The final hearing will take place on November 25.

This means engineering and technology faculty dean H.N. Desai will continue to hold charge till the suit is finally disposed of. Governor Anshuman Singh's name was deleted as one of the respondents.Alleging that the state government was targeting those vice-chancellors who do not toe its line and ``dance to its tune'', the petition submitted that this was evident from the fact that no action had been taken against the North Gujarat University vice-chancellor, who attended a conference in Canada without previous political clearance.

Vora was dismissed on charges of misdemeanour and misconduct. It was alleged that Vora did not get political clearance to attend a vice-chancellors' conference in Bangkok during November last year.

``No law required that political clearance be obtained in advance nor any law prescribes that non-obtaining of political clearance would amount to misconduct or misdemeanour for which any disciplinary action can be taken against the petitioner,'' the petition submits. The petition seeks quashing of the dismissal order.

It was contended in Vora's petition that given the Gujarat University Act, by which vice-chancellors have a three-year tenure, the state government cannot dismiss them using provisions of the Bombay General Clauses Act. Provisions of special law override provisions of general law, it was submitted.

Government pleader Prashant Desai submitted that some facts were suppressed and certain documents needed to be produced. Also, interim relief, as sought in the petition, cannot be granted as Desai had taken charge. Advocates Arun Mehta and Sudhir Nanavati appeared for the petitioner.

Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.


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