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SCA/4146/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4146 of 2010
===================================
GARGI
GOVINDBHAI TRIVEDI - Petitioner
Versus
STATE
OF GUJARAT & 2 - Respondents
===================================
Appearance
:
MR
VISHWAS S DAVE for Petitioners.
MR RASHESH RINDANI, AGP for
Respondent No. 1.
NOTICE SERVED BY DS for Respondent Nos.2 -
3.
===================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 14/05/2010
ORAL ORDER
Mr. Vishwas S.
Dave, learned advocate appearing for the petitioner states that the
petitioner has already received the amount of Rs.1 Lacs from the
respondent College and hence, the petitioner does not want to press
this petition. In the normal course, when the petitioner seeks
permission to withdraw the petition, the Court would have no
hesitation in granting such permission. But this is a different
case.
The Management
of the respondent College is in the habit of extracting the amount
from the students and for genuine reasons, if the admissions are not
received by the students, the amount has not been paid back. There
are so many cases of this nature. Hence, this petition should be
treated as a representative petition and objections are to be
invited from all those affected students whose amounts have not been
paid by the Management to those students. Before passing an order
of advertisement inviting objections, one more opportunity is given
to the College authorities. It is very unfortunate that despite
specific order passed by this Court directing the Principal of the
respondent College to remain personally present, no one appears and
even after service of the notice, though the respondent College has
directly settled the issue with the petitioner, did not choose to
remain present before the Court.
In
view of the above observation, the Registry is directed to issue
Summons to the Principal of the respondent College securing his
presence before the Court
on 16.06.2010. Thereafter, appropriate order as indicated above
would be passed. S.O. to 16.06.2010.
Sd/-
[K. A. PUJ, J.]
Savariya
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