Gujarat High Court
Yatin Jasubhai Patel & 4 vs State Of Gujarat & 8....Opponent(S) on 22 September, 2015
Author: Abhilasha Kumari
Bench: Abhilasha Kumari
C/MCA/2604/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR REVIEW) NO. 2604 of 2015
In SPECIAL CIVIL APPLICATION NO. 13958 of 2015
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YATIN JASUBHAI PATEL & 40....Applicant(s)
Versus
STATE OF GUJARAT & 8....Opponent(s)
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Appearance:
MR NIKHIL S KARIEL, ADVOCATE for the Applicant(s) No. 1 - 41
ADVANCE COPY SERVED TO GP/PP for the Opponent(s) No. 1
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CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
KUMARI
Date : 22/09/2015
ORAL ORDER
1 Mr. Nikhil S Kariel, learned advocate for the petitioners, has moved a draft amendment dated 18.09.2015. The same is granted and may be carried out during the course of the day.
2 This application has been preferred by the applicantoriginal petitioners of Special Civil Application No. 13958 of 2015, with a prayer to recall the order dated 31.08.2015, passed in the said petition and permit him to revive the said petition, Page 1 of 4 HC-NIC Page 1 of 4 Created On Wed Sep 23 02:30:10 IST 2015 C/MCA/2604/2015 ORDER so that it can be heard on merits.
3 The applicants had preferred the above mentioned petition, wherein, this Court passed the following order:
"The prayers made in the petition as well as the statement of Mr. Nikhil S Kariel, learned advocate for the petitioners, who has submitted that there is an element of public interest in the petition, reveal that the petition is in the nature of a Public Interest Litigation.
Mr. Nikhil S Kariel, learned advocate for the petitioners states that he may be permitted to withdraw the petition, with a view to filing a Public Interest Litigation.
Permission to withdraw the petition, is granted.
The petition is disposed of, as withdrawn."
4 Pursuant thereto, the petitioners preferred a Public Interest Litigation, being Writ Petition (PIL) No. 186 of 2015, wherein, the Division Bench passed the following order:
"1 Mr. Nikhil S Kariel, learned Counsel for the petitioners, after some arguments, seeks permission to withdraw the present petition, since it is personal interest of the petitioners in capacity as aspirant students opting for admission in medical faculty. He submitted that initially all the petitioners had filed the petition before the learned Single Judge, which was withdrawn and the petitioners may move for revival of the said petition or file fresh Page 2 of 4 HC-NIC Page 2 of 4 Created On Wed Sep 23 02:30:10 IST 2015 C/MCA/2604/2015 ORDER petition.
2 Without expressing any opinion on merits, permission is granted. Disposed of as withdrawn."
5 Under the circumstances, the petitioners has now moved the present application for recall of the order dated 31.08.2015, passed by this Court for revival of the petition.
6 Mr. Nikhil S Kariel, learned advocate for the petitioners, has submitted that the petitioners are students and are pursuing a certain academic course, which would affect all of them in the long run. For the said reason, though the prayers made in the petition may have an impact on the public, however, they would also affect the petitioners personally. On the above grounds, it is prayed that the relief prayed for in the application may be granted. 7 Ms. Shruti Pathak, learned Assistant Government Pleader for respondents Nos. 1 and 2, had originally appeared in the main petition on supply of advance copy of the petition. As no Notice was issued in the petition and the petition was permitted to be Page 3 of 4 HC-NIC Page 3 of 4 Created On Wed Sep 23 02:30:10 IST 2015 C/MCA/2604/2015 ORDER withdrawn, the learned Assistant Government Pleader, submits that she has no instructions from the respondents. She has, however, objected to the grant of prayers made in the petition.
8 Considering the averments made in the application and the prayers made by the petitioners, the following order is passed:
The order dated 31.08.2015, passed by this Court in Special Civil Application No. 13958 of 2015, is hereby recalled. The said petition is directed to be revived to its original status on file.
(SMT. ABHILASHA KUMARI, J.) Bimal Page 4 of 4 HC-NIC Page 4 of 4 Created On Wed Sep 23 02:30:10 IST 2015