Gujarat High Court
Krishna R Jagatia & 6 vs Sandipkumar Natvarlal Naik & 2 on 15 October, 2014
Author: K.M.Thaker
Bench: K.M.Thaker
C/CA/1460/2004 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR JOINING PARTY) NO. 1460 of 2004
In SPECIAL CIVIL APPLICATION NO. 2251 of 2004
================================================================
KRISHNA R JAGATIA & 6....Applicant(s)
Versus
SANDIPKUMAR NATVARLAL NAIK & 21....Respondent(s)
================================================================
Appearance:
MR AJAY B CHAVDA, ADVOCATE for MR MAULIN R RAVAL, ADVOCATE for
the Applicant(s) No. 1 - 7
MR AMIT BAROT, AGP for the Respondent(s) No. 11
MR KEYUR ACHARYA, ADVOCATE for MR GM JOSHI, ADVOCATE for the
Respondent(s) No. 1 - 9
================================================================
CORAM: HONOURABLE MR.JUSTICE K.M.THAKER
Date : 15/10/2014
ORAL ORDER
1. Heard learned advocate Mr.Ajay B Chavda appearing for Mr.Maulin B Raval, learned advocate for the applicants, learned advocate Mr.Keyur Acharya appearing for Mr.G.M.Joshi, learned advocate for the respondents Nos.1 to 9 and Mr.Amit Barot, learned Assistant Government Pleader appearing for the respondent No.11 - State.
2. Rule. Learned advocate Mr.Keyur Acharya for Mr.G.M.Joshi, learned advocate has waived service of Rule on behalf of the respondents Nos.1 to 9 and Mr.Amit Barot, learned Assistant Government Pleader has waived service of Rule on behalf of respondent No.11 - State.
Page 1 of 6 C/CA/1460/2004 ORDER3. Seven applicants, medical students have taken out the present application during the pendency of the petition being Special Civil Application No.2251 of 2004 and prayed inter alia :
"The Applicants be allowed to be joined as party respondents and the petitioners be directed to carry out necessary amendment and serve a copy of the petition to the petitioner.
The applicants be allowed sufficient time to file necessary reply in the petition placing on record the details and the facts after being joined as party respondent."
4. So far as the main petition is concerned, about nine petitioners, medical students, have filed the said petition prayed inter alia :
"This Hon'ble Court may be pleased to issue a Writ of Mandamus or a Writ in the nature of Mandamus or any other appropriate Writ, Order of direction quashing and setting aside the decision of the Vice Chancellor dated 12.02.2004 as reflected from the press note issued under the signature of the Registrar, giving direction to the office of the University to issue forms to the students seeking admission to Post Graduate Courses, who would be completing their internship in September/October2004 and all consequential action pursuant thereof as violative of Under Graduate Regulations as well as Post Graduate Medical Education Regulations2000 and the admission rules framed for that purpose, by declaring that the Respondent University has no power to permit any student to appear in the examination for admission to Post Graduate Courses to be held on Page 2 of 6 C/CA/1460/2004 ORDER 16.04.2004 who would be competing their internship after 15.04.2004, as 16.04.2004 being the date of examination.
Pending admission, hearing and final disposal of this petition, be pleased to restrain the Respondent University from issuing or accepting from the students who would be completing their one year compulsory rotating housemanship/internship after 15.04.2004 and whose names do not appear in Para I of the Register maintained under the Gujarat Medical Council Act1961."
5. As mentioned earlier, above seven medical students have taken out the present application and prayed, inter alia that they may be joined as a party respondents in the said petition. The said request is made on the ground that applicants are interested in the proceedings taken out by the nine petitioners and if, any order is passed in the main petition, the said order is likely affect the interest of the applicants of the present application. The applicants have averred inter alia :
"The applicants begs to submit that the present petition to the best of the knowledge of the applicants is filed by the students who are repeater students, and are low on merit than the applicants and have failed once or more than once. It is humbly submitted that only because of the delay that has been caused for no fault of the applicants, the applicants are not able to complete the so called eligibility criteria and therefore an absolute anomaly is likely to be created.Page 3 of 6 C/CA/1460/2004 ORDER
It is humbly submitted that any order that may be passed in this petition is likely to adversely affect the applicants and their career and future of the applicants.
It is further submitted that the applicants if permitted to be joined as party would be able to place the true and correct facts on record and could point out to this Hon'ble Court that by granting any relief in the present petition serious anomaly and chaos wold be created in this and forthcoming subsequent academic year. It is humbly submitted that the delay caused in granting admission to the applicants and the students who are similarly placed as applicant has caused extra ordinary and exceptional situation. It is, therefore, submitted that the applicants be joined as party respondents so as to ensure that true and correct facts are placed on the record so that Hon'ble Court an reach a conclusion which would be in the interest of justice and students at large and that merit is not sacrificed. It is further submitted that if the applicants are not allowed to be joined as party in view of this application, many such other students seeking the admission for the Post Graduate course in this year are likely to be dehorse of merit which would be contrary to the directions of the Hon'ble Supreme Court in several judicial pronouncements. Whereas if the applicants are allowed to be joined as party respondent, no harm or prejudice whatsoever is likely to be caused to the petitioner or anybody and the applicants would be able to place true and correct facts which are very much essential for consideration of issues raised in the present petition."
6. On the said premises, the above quoted relief is prayed for.
Page 4 of 6 C/CA/1460/2004 ORDER7. Before proceeding further, it is relevant to note and mention that one medical student had also taken out similar application being Civil Application No. 1385 of 2004 and prayed for similar relief i.e. that she may be joined as party respondent in the main petition. The said request came to be granted by this Court vide order dated 27.02.2004.
8. Actually, on examination of the relief prayed for in the main petition, it appears that the petition is rendered infructuous and after lapse of 10 years, the cause to prosecute the petition, does not survive.
9. However, the said main petition is not listed for hearing today, on the other hand, the present application is listed after about 10 years.
10. It is also noticed from the record, more particularly from the order that until now the said application is not prosecuted. As such, it seems that present application and the main petition are rendered infructuous.
11. However, learned advocate for the petitioner as well as the respondents - petitioners in the main petition, state that they are not able to clarify as to whether the petition is rendered infructuous or not.
12. On the contrary, learned advocate for the applicants and the respondents have prayed for time and prayed that matter Page 5 of 6 C/CA/1460/2004 ORDER may be listed after sometime.
13. In view of the order dated 27.02.2004 passed in Civil Application No.1385 of 2004 and in light of the facts of this case, present application is allowed. The applicants are permitted to join the proceedings as a party respondent in Special Civil Application No.2251 of 2004 at their cost.
14. The applicants, if they so desire, may collect the record of the petition and appear at the time of hearing of main petition.
15. This application stands allowed in terms of Para 7 (B) and (C). Cause title to be amended accordingly.
16. Rule is made absolute to above extent. Orders accordingly.
17. Office is directed to list the main petition i.e. Special Civil Application No.2251 of 2004 for appropriate orders on 17 th October, 2014.
(K.M.THAKER, J.) Amar Page 6 of 6