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SCA/8174/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8174 of 2010
=========================================================
DUDHGARA
PIYUSHBHAI CHHAGANBHAI & 3 - Petitioner(s)
Versus
REGISTRAR
HEMCHANDRACHARYA NORTH GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DIVYESH A JOSHI for
Petitioner(s) : 1 - 4.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/07/2010
ORAL
ORDER
Heard
learned Advocate Mr. DA Joshi for petitioners. Learned Advocate Mr.
DA Joshi for petitioners submitted that the petitioners seek to
challenge arbitrary action of taking decision by the respondent
University for de-registering the petitioners in Doctorate (Ph.D.)
Course and to issue appropriate writ, order or directions directing
respondent authorities to continue the registration and admissions
of petitioners in Doctorate (Ph.D.) Course in the University.
According to petitioners, they have been registered in Ph.D. Course
with the respondent university. They have paid their respective fees
towards the registration of their admission. Their registration has
been secured by respondent NO.3 Reader of the University. It is
submitted that the respondent university is following the terms and
conditions and guidelines issued by the UGC. According to
petitioners, University has prepared a Ph. D. Ordinance. It is
submitted that petitioner no.1 had deposited his registration fees
in first term i.e. on or before 31st August, 2008. Rest
of petitioners have deposited their registration fees in second
term i.e. on or before 31st January, 2009. It is
submitted that on 30.12.2009, letter issued by respondent university
along with Demand Draft of amount of Rs.500.00 was received by
petitioners stating that as per the new rules prepared by UGC,
all the procedure of admission of all the students have been stopped
and, therefore, your registration fees are not accepted. According
to petitioners, petitioner no.1 had registered in the first term in
the academic year of 2008-2009 and petitioner nos.2 to 4 had
registered in the second term in the academic year of 2008-2009, and
also deposited synopsis of the course before the last date for
submission of the same. Petitioner Nos.2 to 4 had registered in the
second term in the academic year of 2008-2009. Petitioner Nos. 2 to
4 had also deposited their registration fees on or before 31st
January, 2009 and also deposited synopsis of the course before the
last date for submission of the same. Petitioners have not received
Title Clearance Certificate from the University till December, 2009.
Petitioner No.2 wrote a letter to University narrating the facts
that the students of the university who have submitted synopsis in
the term of November, 2008 have got title clearance certificate from
the respective universities. Petitioner no.2 has not got
certificate, therefore, requested for the same urgently on
16.12.2009 and pointed out the discrimination amongst students those
who have submitted registration form in July, 2009 and synopsis have
also been submitted, their title clearance has been made in
December, 2009. Learned Advocate Mr. Joshi also showed list of such
students, those who have been cleared by respondent university.
In
view of the aforesaid facts, let petitioner may approach to
respondent university and point out facts that students those who
have submitted registration form duly filled up in July, 2009 and
synopsis have also been supplied, such students have received title
clearance in December, 2009 and comparing to those students,
petitioners have filled up registration form and also supplied
synopsis in November, 2008 and yet, their title clearance has not
been made by respondent university. Therefore, let such
representation is to be made by petitioners within period of ten
days from date of receiving copy of present order.
After
receiving such representation from petitioners, it is directed to
Vice Chancellor Dr. Kiran K. Shah, Hemchandracharya North Gujarat
University, Patan (North Gujarat) to consider such representation
made by petitioner and also examine grievance of petitioner that
students those who have submitted registration form and synopsis
subsequent to petitioners, their title clearance has been made but
in respect to petitioners, that has not been given. Therefore, this
aspect must have to be examined by the Vice Chancellor of the
respondent University that the students those who have submitted
registration and synopsis subsequent to petitioner, they have been
given title clearance and, thereafter, considering entire facts and
grievance made by petitioner, examine it and then to pass
appropriate reasoned order in accordance with law within period of
one month from date of receiving such representation from
petitioners and communicate decision to petitioners immediately
thereafter.
With
these observations and directions, this petition is disposed of by
this court without expressing any opinion on merits.
(H.K.
Rathod,J.)
Vyas
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