Gujarat High Court Case Information System
Print
SCA/11696/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11696 of 2008
=========================================================
BINNI
NITINBHAI NAYAK - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance :
MR
BM MANGUKIYA for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1,
DS AFF.NOT FILED (N) for
Respondent(s) : 1,
MR DC DAVE for Respondent(s) : 2,
MR KUNAN B
NAIK for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 07/10/2008
ORAL
ORDER
The
petitioner by this petition has prayed for the relief inter alia to
direct the University to give grace marks to the students who have
been wrongfully failed by the said Examiner in the Part-II of 3rd
MBBS examination of Medicine (Practical) conducted in the year 2008.
It is also prayed to direct the University and/or Syndicate to
refer the matter to the Medical Faculty of the said University
forthwith.
Heard
Mr.Mangukiya for the petitioner, Mr. Pandya, learned AGP for the
respondent No. 1, Mr.Dave for respondent No.2 and Mr.Naik for
respondent No.3.
Upon
hearing the learned advocates appearing for both the sides, it
appears that the grievance on the part of the petitioner is that the
examiner intentionally did not assign the proper marking in the
examination of Medicine(Practical) conducted in March 2008. As per
the petitioner, the Fact Finding Committee has submitted the report
and the said report is produced at Annexure-D and it is the case of
the petitioner that as per the said Report, it is found by the Fact
Finding Committee that the concerned examiner did exercise his power
in arbitrary manner.
Whereas,
on behalf of the University, it has been submitted by Mr. Dave that
the allegations made by the petitioner and the interpretation of the
fact finding report as sought to be canvassed is not correct. In any
case, after the report of the Committee for Fact Finding, the matter
is referred to the Medical Faculty and thereafter, the Syndicate is
to finalise the issue.
In
the above view of the matter, this Court on 30.09.2008, had passed
the following order:
?SMr.Dave,
learned counsel appearing for the University states that if time is
granted till 06.10.2008, he will be able to declare before the Court
the time within which the medical faculty shall give the opinion and
thereafter, the matter shall be placed before the syndicate.??
Today,
Mr. Dave, learned Counsel appearing for the University declared
before the Court that the Reference to the Medical Faculty and its
consideration shall be in the next meeting of Medical Faculty within
a period of four weeks and the report of the Fact Finding Committee
is to be considered. He further submitted that thereafter, the
matter shall be considered by the syndicate in the next meeting.
In
view of the above, Mr.Mangukiya, learned counsel for the petitioner
seeks permission to withdraw the present petition at this stage.
Permission
granted. Disposed of as withdrawn.
(JAYANT PATEL, J.)
*bjoy
Top