Gujarat High Court
Bhatt Hirenkumar Hareshbhai vs State on 6 August, 2013
Author: R.M.Chhaya
Bench: R.M.Chhaya
BHATT HIRENKUMAR HARESHBHAI....Petitioner(s)V/SSTATE OF GUJARAT C/SCA/12424/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION NO. 12424 of 2013 =================================================== BHATT HIRENKUMAR HARESHBHAI....Petitioner(s) Versus STATE OF GUJARAT & 3....Respondent(s) =================================================== Appearance: MR RUSHABH R SHAH, ADVOCATE for the Petitioner MR ALKESH N. SHAH, AGP for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2 - 4 =================================================== CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA Date : 13/08/2013 ORAL ORDER
This Court by order dated 06.08.2013 passed the following order:
Considering the fact that the admission process for M.Tech. and M.E. is being undertaking by respondent Nos.1 and 2, which is to be completed within time schedule as fixed by the Apex Court and considering the issue involved in this petition, instead of formerly issuing notice as the learned Assistant Government Pleader was appearing on advance copy, the highest officer of respondent No.2 was requested to remain personally present. At the request of the court Shri C.G. Bhagchandani, Officer on Special Duty of respondent No.2 is present.
It is a matter of fact that the petitioner has completed his Bachelor of Engineering (B.E.) in Information Science & engineering in Shree Devi Institute of Technology of Mangalore. As per the instructions received, learned Assistant Government Pleader for the respondent pointed out that the petitioner is required to obtain a certificate from All India Council of Technical Education (AICTE). Hence, learned advocate for the petitioner, seeks permission to add AICTE as party respondent No.4, through its Member Secretary, having his office at New Delhi.
Permission granted.
NOTICE returnable on 12.08.2013. Direct service today is permitted.
Learned advocate for the petitioner states that in view of the fact that the admission process is to be over the petitioner shall file an appropriate application for equivalent certificate before newly added respondent No.4. It is expected that if any such application is filed, respondent No.4 shall consider the same as expeditiously as possible, as noted hereinabove, respondent No.2-Admission Committee has to adhere to the time schedule already fixed.
Mr.Rushabh R. Shah, learned advocate for the petitioner, points out that as per the aforesaid order the petitioner did apply for equivalent certificate before respondent No.4-AICTE. However, the petitioner has been informed that AICTE is not competent to give any such certificate and the petitioner is directed to approach University Grants Commission (UGC) or Association of Universities (AIU) for the same.
Mr.Alkesh Shah, learned Assistant Government Pleader for the respondent-State, on instructions from Shri C.G. Bhagchandani, Officer on Special Duty of respondent No.2-Admission Committee, states that the case of the petitioner shall be considered for admission process, subject to condition that the petitioner shall provide equivalent certificate from either of the aforesaid two authorities i.e. UGC or AIU latest by 16.09.2013.
In view of the aforesaid statement, learned advocate for the petitioner does not press this petition. It is however provided that in view of the aforesaid statement no further orders are required to be passed in this petition at this stage. However, the petitioner shall also file an undertaking to the effect that the petitioner shall provide equivalent certificate from UGC or AIU before respondent No.2-Admission Committee latest by 16.08.2013.
Disposed of accordingly at this stage. NOTICE discharged. There shall be no order as to costs.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Page 3 of 3