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SCA/23522/2006 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 23522 of 2006
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AMISHA
RANJITSINH SOLANKI - Petitioner(s)
Versus
MAHARAJA
SAYAJIRAO UNIVERSITY - Respondent(s)
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Appearance :
MR
VC VAGHELA for Petitioner(s) : 1,
MR
MITUL K SHELAT for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 01/02/2007
ORAL
ORDER
1. This
petition has been moved by the petitioner-student who was pursuing
her studies in M.Sc Physics during academic years 2002-2003 and
2003-2004. It appears that at the examination conducted some time in
March/April 2004 in Paper No.IV of M.Sc (Pre) she was reported by the
Junior Supervisor for adopting unfair means at the examination. It
is not necessary to set out the other facts in detail. Subsequently
vide communication dated 4th August, 2004, the Dy.
Registrar (Examination) informed the petitioner that vide Resolution
No. 12 and 27 dated 22nd July, 2004 the syndicate had
accepted the report of the Committee looking into such cases and
accordingly the result of the examination at which the petitioner had
been caught employing unfair means was cancelled and the petitioner
was prohibited from appearing at C+1 subsequent examinations of the
University and from pursuing any course of study in a faculty or
institution under the University during C+1 period.
2. The
petitioner appears to have thereafter joined B.I.Patel College of
Education, Bardoli. On 12.10.2006 the petitioner was called upon to
obtain final eligibility certificate from Vir Narmad South Gujarat
University, Surat. It is at this stage that the petitioner has
approached this Court praying for following reliefs:
?S5. the petitioner,
therefore, prays that:-
(A) Your Lordships may
be pleased to issue a writ of mandamus or any other appropriate writ,
order or direction quashing and setting aside the order dated 4th
August, 2004 and 30th August, 2006 and further be pleased
to direct the respondent to immediately declare the result of the
petitioner for the examination held in the month of April/May, 2004.
(B) Your Lordships may
be further pleased to issue appropriate writ, order or direction
directing the respondent to immediately issue the eligibility
certificate of the petitioner.
(C) Pending admission,
hearing, and final disposal of this petition, Your Lordships be
pleased to direct the respondent to immediately issue the eligibility
certificate of the petitioner.
(D) Any other and
further relief/s may kindly be granted in the interest of justice??.
3. After
hearing the learned advocate for the petitioner notice was issued qua
prayer clause 5(B) only. Heard the learned advocates for the
petitioner as well as for the respondent.
4. The
learned advocate for the respondent University has stated that the
eligibility certificate can be issued only by the University to which
the College wherein the petitioner is studying is affiliated, but the
respondent University can at best issue a migration certificate if
the petitioner makes an application for the same. In the
circumstances the petitioner is directed to make an application to
the respondent University for issuance of a migration certificate and
such application shall be made on or before 9th February,
2007. Needless to state that upon such application being moved the
respondent University shall issue the necessary certificate in
accordance with the requisite rules at the earliest.
5. Subject
to aforesaid direction, the petition does not merit acceptance and is
accordingly disposed of.
(D.A.Mehta,
J.)
//smita//
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