Gujarat High Court
Patel Kruti Dilipkumar & 3 vs State Of Gujarat & 2 on 19 December, 2013
Author: Bhaskar Bhattacharya
Bench: Bhaskar Bhattacharya, J.B.Pardiwala
C/SCA/17366/2013 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 17366 of 2013
With
MISC.CIVIL APPLICATION NO. 2770 of 2013
In
SPECIAL CIVIL APPLICATION NO. 16516 of 2013
TO
MISC.CIVIL APPLICATION NO. 2771 of 2013
In
SPECIAL CIVIL APPLICATION NO. 16517 of 2013
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PATEL KRUTI DILIPKUMAR & 30....Petitioner(s)
Versus
STATE OF GUJARAT & 2....Respondent(s)
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Appearance:
MR DC DAVE, SR. ADVOCATE with Mr PA JADEJA, ADVOCATE for the
Petitioner(s) No. 1 - 31
MR PARTH BHATT AGP for the Respondent(s) No. 1
MR SUNIT SHAH with MR DIPEN DESAI, ADVOCATE for the Respondent(s)
No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2
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CORAM: HONOURABLE THE CHIEF JUSTICE MR.
BHASKAR BHATTACHARYA
and
HONOURABLE MR.JUSTICE J.B.PARDIWALA
Date : 19/12/2013
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. BHASKAR BHATTACHARYA) Let the matters appear for further hearing on 16th January 2014. Page 1 of 3 C/SCA/17366/2013 ORDER After hearing the learned counsel for the parties and after going through the materials on record, we find that the petitioners have made out a strong prima facie case in the matter and once in this type of a case, prima facie case is found, the balance of convenience and inconvenience should be in favour of allowing the candidates to appear at the examination when the examination is going to commence day after tomorrow. It is needless to mention that the petitioners will not claim any equity and, in the event, finally these applications fail they will not be entitled to get the benefit of the result even if they pass. We, therefore, direct the Examination Committee and the University to allow the present petitioners in these applications to appear at the examination which is going to commence day after tomorrow on condition that the petitioners must have attended 75% of the total number of classes held in the respective college and that the college has forwarded the names of the petitioners to the Admission Committee for approval.
We also add the respective colleges as additional respondents. The petitioners are directed to serve a copy of the applications upon the college-authorities. This order will cover the candidates in respect of all these Applications.
Since this order has been passed in the presence of the Deputy Registrar of the concerned University, the University will act upon this Page 2 of 3 C/SCA/17366/2013 ORDER order. Similarly, it will be also the duty of Mr Bhatt, the learned AGP to communicate to his client about this order.
Direct service is permitted.
(BHASKAR BHATTACHARYA, CJ.) (J.B.PARDIWALA, J.) zgs Page 3 of 3