Matru vs Unknown on 25 April, 2011

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Gujarat High Court
Matru vs Unknown on 25 April, 2011
Author: Ravi R.Tripathi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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MCA/2589/2009	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

MISC.CIVIL
APPLICATION - FOR REVIEW No. 2589 of 2009
 

In


 

SPECIAL
CIVIL APPLICATION No. 3536 of 2009
 

 
=========================================================

 

MATRU
SHRI KESARBEN SAVANIYA B.ED COLLEGE - Applicant(s)
 

Versus
 

STATE
OF GUJARAT & 5 - Opponent(s)
 

=========================================================
 
Appearance
: 
MR
RAMESH SAVANIA for MR VD PARGHI
for
Applicant(s) : 1, 
MR KARTIK PANDYA, AGP for Opponent(s) : 1, 
DR
SONIA HURRA for Opponent(s) : 2, 4, 
MR YC CONTRACTOR for
Opponent(s) : 2, 4, 
None for Opponent(s) : 3, 5, 
NOTICE SERVED
BY DS for Opponent(s) : 6, 
MR AJ SHASTRI for Opponent(s) :
6, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	

 

 
 


 

Date
: 25/04/2011 

 

 
 
ORAL
ORDER

1. The
present Misc.Civil Application is filed praying that order dated
01.10.2009 passed in Special Civil Application No.3536 of 2009 be
recalled or reviewed.

2. Heard
learned Advocate Mr.Ramesh Savania for the applicant.

3. Learned
Advocate for the applicant pointed out various documents including
the affidavit of Dr.Soudamini C.Menon, Campus In Charge, S.N.D.T.
University, Ahmedabad Campus and also to circular dated 03.10.2008,
wherein in para-4, it is stated that:-

“4. From this academic
year ie. 08-09 all those exams will come under semester pattern as
notified in the earlier University circular No.AC-3/2008/2009/156
dated 15th July 2008.”

3.1 Learned
Advocate for the applicant also invited attention of the Court to
circular dated 15.07.2008, which is at page No.94 of the record,
wherein B.Ed., M.Ed. And BA B.Ed. Integrated courses are included in
the list of examinations, to which semester pattern was to be
applied, but on account of factors beyond the control of the
University like B.Ed. Examinations which is supposed to be as per the
guidelines of the NCTE, the semester system could not be implemented.

4. On
account of non-implementation of semester system, circular dated
15.07.2008 and for that reason, circular dated 03.10.2008 were not
made applicable to B.Ed. Examination. Not only that, in circular
dated 03.10.2008, in para-12, in notes column of the table, it is
mentioned that, ‘Minimum general passing letter grade to receive
credit for a course. Certain faculties may require higher
grades to receive course credit.’
(emphasis supplied)

4.1 The
position which emerges from the aforesaid document is that though on
paper the University decided to make semester system applicable to
B.Ed. Course, the University could not do that and therefore, the
passing standard
for B.Ed. Examination remained 40% and not 36%.

5. In view of the
aforesaid, no case is made out for the Court to pass any orders in
this application. The application is disposed of accordingly.

(Ravi
R.Tripathi, J.)

*Shitole

   

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