Gujarat High Court
Chaudhary Belaben Jivabhai & vs State Of Gujarat & 2 on 26 April, 2016
Author: Z.K.Saiyed
Bench: Z.K.Saiyed
C/SCA/17625/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17625 of 2015
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CHAUDHARY BELABEN JIVABHAI & 1....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR PR ABICHANDANI, ADVOCATE for the Petitioner(s) No. 1 - 2
MR SOAHAM JOSHI AGP for the Respondent(s) No. 1
MR JIGAR M PATEL, ADVOCATE for the Respondent(s) No. 3
MR SIRAJ R GORI, ADVOCATE for the Respondent(s) No. 2
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CORAM: HONOURABLE MR.JUSTICE Z.K.SAIYED
Date : 26/04/2016
ORAL ORDER
[1] This petition, under Articles 14, 16 and 226 of the Constitution of India, has been preferred by the petitioners with the following prayers:
[A] The Hon'ble Court may be pleased to admit and allow the present petition;
[B] The Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus quashing and setting aside Ordinance No.64-C(v) of the Gujarat Ayurved University - Jamnagar Ordinance holding the same as bad, illegal, discriminatory and in violation of Article 14 of the Constitution of India;Page 1 of 4
HC-NIC Page 1 of 4 Created On Thu Apr 28 02:24:22 IST 2016 C/SCA/17625/2015 ORDER [C] The Hon'ble Court may be pleased to issue an appropriate writ, order or direction, directing the respondent authorities to sympathetically consider the representation of the petitioners and permit them to appear in their First Year Professional Examinations of BAMS Course to be held in the month of October, 2015.
[D] Pending admission, hearing and / or final disposal of this petition, the Hon'ble Court may be pleased to direct respondent No.3 authorities to permit the petitioners to submit their admission forms as well as their examination forms for the ensuing examination of firs year BAMS with reference to subjects in which they have failed and be further pleased to direct respondent No.3 authorities to forward such examination forms to respondent No.2 University and be further pleased to direct respondent No.2 to process the same and allow the petitioners to appear for their first year professional BAMS course examination.
[E] Award costs of this petition.
[2] The grievance of the petitioners is with regard to inaction on the part of the respondent - authorities.
[3] Heard learned advocates appearing on behalf of the respective parties.
[4] Learned advocate for the petitioners states that the respondent
- authorities may be directed to sympathetically consider the representation of the petitioners and permit them to appear in first year Professional Examinations of BAMS Course. He further states that the petitioners may be permitted to file fresh representation Page 2 of 4 HC-NIC Page 2 of 4 Created On Thu Apr 28 02:24:22 IST 2016 C/SCA/17625/2015 ORDER before the university and the university may be directed to consider the same as per Rules and Regulations.
[5] Learned advocate appearing on behalf of the petitioners has relied upon the decision of the Bombay High Court in the case of Padmanabh Ratnakar Muley and others Vs. The State of Maharashtra and others rendered in Writ Petition No.3391 of 2013 and allied matters. In the said decision, the Bombay High Court in paragraph No.7 has observed as under:
"7. It has been brought to our notice that similarly situated WP/3391/2013 + Group petitioners have filed Writ Petition Nos.4720 to 4722 of 2012 at Mumbai.
These petitions were heard along with similar Writ Petition Nos.3769 and 3781 both of 2013. Vide order dated 25.3.2012, interim relief in the nature of permitting those petitioners to appear for the first year examination of BAMS course, by way of seventh attempt, was granted.
This Court has observed in the said order that the learned counsel appearing for CCIM had made a statement that it had recommended to the Union of India a relaxation of the said Rule and for providing the candidates unlimited attempts for clearing the first year examination of BAMS course. It was also observed that a formal approval from the Union of India was awaited. It was specifically observed by this Court in the said order that the petitioners are permitted to appear for the examination in view of the anticipated relaxation, in as much as, no equities would be claimed by the petitioners on the basis of the interim order".
[6] Learned Assistant Government Pleader for respondent no.1, learned advocate for respondent no.2 and learned advocate for Page 3 of 4 HC-NIC Page 3 of 4 Created On Thu Apr 28 02:24:22 IST 2016 C/SCA/17625/2015 ORDER respondent no.3 have opposed the present petition.
[7] Considering the facts and circumstances of the case and in light of the aforesaid decision, the following order would meet the end of justice.
The petitioners shall file fresh representation to the respondent
- university within three weeks. As and when, such representation is filed by the petitioners, the respondent - university shall decide the same strictly in accordance with law and after giving an opportunity of hearing to all concerned, on or before 07.07.2016 from the date of receipt of the copy of this order. It is made clear that earlier the decision taken by the university in the representation made by the petitioners will not come in the way of the petitioners.
[8] With the aforesaid observations and directions, the present petition stands disposed of. Direct service is permitted.
(Z.K.SAIYED, J.) vijay Page 4 of 4 HC-NIC Page 4 of 4 Created On Thu Apr 28 02:24:22 IST 2016