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SCA/4229/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4229 of 2010
===================================
DHIREN
NARENDRABHAI GALANI & 8 - Petitioners
Versus
VICE
CHANCELLOR THRO. REGISTRAR OF BHAVANAGAR & 1 - Respondents
===================================
Appearance
:
M/S
RJ RAWAL ASSOC. for Petitioners.
NOTICE SERVED BY DS for
Respondents.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 29/04/2010
ORAL ORDER
The
petitioners have filed this petition under Article 226 of the
Constitution of India praying for declaration that the respondents
have no power or authority to withhold the result of the petitioner
and commanding respondent No.1 University to declare the result of
the petitioner for the final examination of M.Sc. Part-I (Industrial
Chemistry) for the Academic year 2008-2009.
This
Court has issued notice on 21st April, 2010. Pursuant to
the notice Mr. M. M. Desai, learned advocate has an instruction to
appear on behalf of the respondent No.1 and he undertook to file his
appearance in the matter.
Heard
Mr.Rawal, learned advocate for M/s. R. J. Rawal Associates for the
petitioners and Mr.M.M.Desai, learned advocate appearing for the
respondent No.1 University.
It
appears that the respondents have no objection in declaring the
result of the petitioner. However, the controversy between the
parties lies in narrow compass as earlier, decision was taken by the
University to declare the result of the petitioner which was
withheld on furnishing the undertaking which was furnished by the
petitioner. However, by letter of March, 2010, the petitioners
informed the respondent No.1 University that if the result is not
declared immediately, the undertaking filed by them would be treated
as cancelled. It is, therefore, submitted by Mr.Desai that on
furnishing the letter by the petitioners indicating withdrawal of
earlier letter, the respondent University would declare the result.
Mr.
Rawal, learned advocate for the petitioner has agreed that the
petitioners have no objection to give such letter indicating
withdrawal of earlier letter of March, 2010. He has further
submitted that no inquiry is pending against the petitioners and
hence, it should be made clear as to whether any inquiry is
contemplated against the petitioners and even if such inquiry is
contemplated against the petitioners, the same would be completed.
Be
that as it may since the petitioners have agreed to give another
letter to the respondent University indicating the withdrawal of the
earlier letter, the respondent University is directed to declare the
result of the petitioner within two weeks from the date of receipt
of such letter from the petitioner. The respondent University is
further directed to decide as expeditiously as possible as to
whether any inquiry is contemplated against the petitioners and if
there is no such contemplation the petitioners should be relieved
from such undertaking.
With
these directions and observations, this petition is accordingly
disposed of.
Sd/-
[K. A. PUJ, J.]
Savariya
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