Gujarat High Court Case Information System
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CA/12408/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR JOINING PARTY No. 12408 of 2010
In
MISC.CIVIL
APPLICATION No. 2589 of 2009
In
SPECIAL
CIVIL APPLICATION No. 3536 of 2009
=========================================
GOSWAMI
SMITABEN PRABHATBHAI & 17 - Petitioner(s)
Versus
STATE
OF GUJARAT & 6 - Respondent(s)
=========================================
Appearance :
MR
MAHENDRA K PATEL for
Petitioner(s) : 1 - 18.
MS MANISHA NARSINGHANI, AGP for
Respondent(s) : 1,
None for Respondent(s) : 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 14/10/2010
ORAL
ORDER
1. The
present application is filed by as many as 18 applicants students
praying that they be permitted to be impleaded as party in MCA
No.2589 of 2009 in SCA No.3536 of 2009. The reasons for filing this
application are set out in para-9 of the application, which reads as
under:-
9. It is in
backdrop of report of the committee that the applicants who are
candidates and whose fate has been adversely affected, may kindly be
joined Misc.Civil Application No.2589 of 2009 in Special Civil
Application No.3536 of 2009, So that matter is dealt with in an
appropriate manner and complete and substantial justice is done in
the matter. The applicants crave leave to point out that they would
produce the relevant documents in Misc.Civil Application No.2589 of
2009 in Special Civil Application No.3536 of 2009 as and when they
are joined as parties therein.
2. The
very fact that the matter is going on before this Court since 2009
and the applicants students have chosen to sit on the fence and
wait for the outcome, hence there is no reason for which at this late
stage they be allowed to be joined as party.
2.1 This
Court refuses to accept that the Institution will not be able to
present the case so as to protect the interest of the Institution and
of the students. Hence, the applicants students are not required
to be allowed to be joined as party in the present proceedings.
3. On
the ground of delay and on the ground that the college-petitioner is
competent to take care of the interest of the applicants-students,
the application is dismissed.
(Ravi
R.Tripathi, J.)
*Shitole
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