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SCA/55/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 55 of
2011
=================================================
VANZARA
APLESH A & 46 - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 2 - Respondent(s)
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Appearance
:
MRMPSHAH
for Petitioner(s) : 1 - 47.MS. KRUTI M SHAH for Petitioner(s) : 1 -
28,30 - 31,33 - 47.
MRS. KRINA CALLA AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
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CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 11/01/2011
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
petitioners are 1st year students of Bachelor of Engineering/B.Tech.
of Parul Institute of Engineering and Technology, Limba. Having not
allowed to appear in the 1st semester examination, the present writ
petition has been filed.
Learned
counsel for the petitioner would submit that the students were
unwell, therefore, they have proceeded on medical leave. They
produced medical certificates that they were on leave on medical
grounds, but they were not considered by the respondents and on the
ground of lack of attendance they have been denied hall tickets
(admit cards) to appear in the examination.
Heard
learned counsel for the petitioner and Mrs. Krina Calla, learned
A.G.P. for the State.
From
the arguments advanced by the counsel for the petitioner, it appears
that about 100 students were denied appearance in the 1st semester
examinations due to lack of attendance. 47 out of them are the
petitioners before us many of who claimed to have suffered from
illness, though there is nothing on record to suggest that at that
time there was an epidemic in the State so that large number of
students could not attend the classes. In any case, as we find that
the examinations of most of the subjects are over, except two more
subjects which are scheduled to be held today, i.e. 11th and on 13th
of January 2011, we are not inclined to grant any relief. The
authorities are expected to allow the petitioners to appear in the
next examination, subject to fulfillment of other conditions. The
writ petition is disposed of. No costs.
(S.J.
MUKHOPADHAYA, C.J.)
(K.M.
THAKER, J.)
[sn
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