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SCA/17108/2011 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 17108 of 2011
=========================================================
PATEL
KISHAN RAJUBHAI - Petitioner(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MAHESH BHAVSAR for
Petitioner(s) : 1,
MS ASMITA PATEL, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) :
2,
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 16/11/2011
ORAL ORDER
1. This
petition under Article-226 of the Constitution of India has been
filed, with the following prayers :
“(a) Your
Lordship may be pleased to issue a writ of certiorari or a writ in
the nature of certiorari or any other appropriate writ order or
direction and be pleased to quash and set aside the impugned
detention list dated 14.09.2011 (Annexure-Q) qua the petitioner or
Your Lordships may be pleased to issue a writ of mandamus or writ in
the nature of mandamus or any other appropriate writ, order or
direction and be pleased to direct the GTU to delete the name of the
petitioner from the detention list dated 14.09.2011 produced at
Annexure-Q and be pleased to direct GTU to issue Exam Form to the
petitioner through Smt.N.M.Padalia Pharmacy College forthwith and be
pleased to direct GTU to allow the petitioner to appear in 5th
Semester Regular External Exam of B.Pharm which commences from
19.11.2011 in the interest of justice.
(b) The
petitioner has cleared Midterm Internal Remedial Exam of 3rd
Semester B. Pharm from Smt.N.M.Padalia College (Marks are produced at
Annexure-L). There after GTU has wrongly declared the petitioner
failed in 6 Theory subjects in the Markshit of 3rd
Semester External Exam of B.Pharm.
Therefore,
Your Lordship may be pleased to issue a writ of mandamus or writ in
the nature of mandamus or any other appropriate writ, order of
direction and be pleased to direct the GTU to correct the above said
mistake and may be directed to issue New Markship of 3rd
Semester External Exam of B. Pharm with correction to the petitioner.
(c) Your
Lordship may be pleased stay the implementation, execution and
operation of the impugned detention list dated 14.09.2011
(Annexure-Q) qua the petitioner be pleased to direct GTU to issue
Exam Form to the petitioner through Smt.N.M.Padalia Pharmacy College
forthwith and be pleased to direct GTU to allow the petitioner to
appear in 5th Semester Regular External Exam of B.Pharm
which commences from 19.11.2011 pending admission, hearing and final
disposal of this petition, in the interest of justice.
(d) Your
Lordship may be pleased to grant ad-interim relief and interim relief
in terms of para 7(a), 7(b) and para 7(c), in the interest of
justice.
(e) Your
Lordship may be pleased grant such other and further relief as is
deemed fit in the interest of justice.”
2. It
is submitted by Mr.Mahesh Bhavsar, learned advocate for the
petitioner, that though the petitioner has passed the Mid Semester
Internal Remedial Examination for the 3rd Semester from
Smt.N.M.Padalia Pharmacy College, he has been wrongly declared as
having failed by respondent No.2 – Gujarat Technological
University, vide marksheet dated 09.07.2011 (Annexure-O). It is
further submitted that the respondent University has committed a
mistake by declaring the petitioner to have failed in six theory
subjects, and because of the said mistake, the petitioner is not
being permitted to appear in the 5th Semester (B.Pharmacy)
Regular External Examinations, which are to commence, with effect
from 19.11.2011. The learned advocate for the petitioner submits that
the interest of justice would be met, if the petitioner is permitted
to approach the Registrar of respondent No.2 – University, by
filing a representation, who may be directed to consider the same,
within a time-bound period, after granting an opportunity of personal
hearing to the petitioner, considering that the examinations are to
commence with effect from 19.11.2011.
3. Upon
the above statement being made by the learned advocate for the
petitioner, the following order is passed :
If
the petitioner approaches the Registrar of respondent No.2 –
University by way of a representation, latest by 17.11.2011, the
Registrar shall consider and decide the same, in accordance with the
Statutes/Rules/Regulations of the University, and in accordance with
law, after granting an opportunity of hearing to the petitioner. The
decision shall be rendered and communicated to the petitioner, latest
by 18.11.2011, keeping in mind that the examinations commence from
19.11.2011.
The
petition is disposed of, in the above terms, without entering into
the merits of the case.
Direct
Service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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