Naimesh Devendrabhai Jariwala vs State Of Gujarat & 2 on 14 October, 2014

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Gujarat High Court

Naimesh Devendrabhai Jariwala vs State Of Gujarat & 2 on 14 October, 2014

Bench: R.P.Dholaria

             C/SCA/14625/2014                                                    ORDER




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 SPECIAL CIVIL APPLICATION  NO. 14625 of 2014

=============================================
                NAIMESH DEVENDRABHAI JARIWALA....Petitioner(s)
                                  Versus
                    STATE OF GUJARAT  &  2....Respondent(s)
=============================================
Appearance:
MR PH PATHAK, ADVOCATE for the Petitioner(s) No. 1
MR VANDAN BAXI, AGP for the Respondent(s) No. 1  2
=============================================

             CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY 
                    MANOHAR SAHAI
                    and
                    HONOURABLE MR.JUSTICE R.P.DHOLARIA
 
                                      Date : 14/10/2014
 
                                         ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. VIJAY MANOHAR SAHAI)

1. We have heard Mr. P. H. Pathak, learned counsel for the petitioner and Mr. Vandan Baxi, learned Assistant Government Pleader for the respondents.

2. This petition has been filed before us challenging the vires of Rule 11 of the Bachelor of Engineering & Technology (Regulation of Admission & Payment of Fees) Rules, 2013. Since the vires of Rule 11 of the aforesaid Rules is challenged, the matter has come up before us. However, Mr. Vandan Baxi, learned AGP has rightly pointed out that Rule 11 of the aforesaid Rules has already been held to be ultravires by the Division Bench of this Court in Special Civil Application No.9942 of 2014, decided on 14.08.2014 in the case of Yatharth Naishadh Desai S/O. Naishadh Desai & Ors. v. State of Gujarat & Ors. Therefore, there is no question of challenge the vires again before this Court. Further, as stated by Mr. Pathak, the judgment of the Division Bench, wherein Page 1 of 2 C/SCA/14625/2014 ORDER Rule 11 of the aforesaid Rules has been held to be ultravires, has been stayed by the Apex Court.

3. Since, the Division Bench of this Court has already held Rule 11 of the aforesaid Rules to be ultravires, vires cannot be challenged again and again before the same Court. In our opinion, since the matter pertains to grant of admission to the student, let this petition be placed before the learned Single Judge of this Court having jurisdiction. Looking to the urgency of the matter, place this matter today before the learned Single Judge after midday recess. Advance copy has been given to Mr. Vandan Baxi and he shall be appearing before the learned Single Judge today after the recess.

4. Office shall obtain necessary nomination during the recess and place this matter before the learned Single Judge today itself. We request the learned Single Judge to hear this matter today itself looking to the urgency involved in the matter.

(V.M.SAHAI, ACJ.) (R.P.DHOLARIA,J.) Jani Page 2 of 2

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