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SCA/11978/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11978 of 2011
=========================================================
SANGITABEN
VAJSHIBHAI RATIYA - Petitioner(s)
Versus
STATE
OF GUJARAT THROUGH DIRECTOR & 2 - Respondent(s)
=========================================================
Appearance
:
MR
HM PRACHCHHAK for
Petitioner
MR MAULIK NANAVATI AGP for
Respondents
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/08/2011
ORAL
ORDER
1. Heard
learned advocate Mr.H.M.Prachchhak for petitioner and learned AGP
Mr.Maulik Nanavati for respondents.
2. In
this petition, the petitioner has made prayer in Para.18(A) and (B),
which is as under :
“18(A) Your
Lordships be pleased to quash and set aside the action of the
respondent No.1 and authority in not including the name of the
petitioner in the merit list and further be pleased to direct
respondent Nos.1 and 2 authority to consider the case of the
petitioner for including her name as eligible candidate in the merit
list on the basis of marks obtained in post graduate examination as
per the Government Resolution dated 27.4.2011 and call for interview
schedule to be held from 16.8.2011 to 24.8.2011 in the interest of
justice and equity;
(B) Your
Lordships be pleased to direct the respondent nos.1 and 2 to send a
call letter to the petitioner calling her for interview scheduled to
be held from 16.8.2011 to 24.8.2011, pending the admission , hearing
and till final disposal of this petition.”
3. The
result of MA examination which was declared on 10.8.2011. But when
application was made by petitioner, the result was not declared by
the University. Therefore, percentage obtained by petitioner in MA
examination – 55.5% has not been taken into account while
preparing the gradation list / merit list by respondents. Therefore,
in light of this background, let petitioner may make a detailed
representation to respondents giving details as well as to supply
documents being a result of MA examination, to the respondents within
a period of one week from date of receiving copy of present order.
4. As
and when respondents receive such representation from petitioner
along with copy of mark-sheet of MA examination, then it is directed
to respondents to consider it because the petitioner had appeared in
MA examination prior to submitting application as a candidate to
respondents. Let this aspect may be consider and examined by
respondents, as early as possible preferably within a period of 10
days from date of receiving such representation from petitioner and
communicate the decision to petitioner immediately.
5. In
view of aforesaid observations and directions, present petition is
disposed of without expressing any opinion on merits. Direct service
is permitted.
(H.K.RATHOD,J.)
(vipul)
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