Gujarat High Court
Dhairyasinh Bharatsinh Rathod vs State Of Gujarat & 1....Opponent(S) on 5 November, 2015
Author: Jayant Patel
Bench: Jayant Patel, N.V.Anjaria
C/MCA/2880/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 2880
of 2015
In LETTERS PATENT APPEAL NO. 1237 of 2015
In SPECIAL CIVIL APPLICATION NO. 10395 of 2015
With
MISC. CIVIL APPLICATION NO. 2793 of 2015
In
LETTERS PATENT APPEAL NO. 1213 of 2015
With
MISC. CIVIL APPLICATION NO. 2794 of 2015
In
CIVIL APPLICATION NO. 9909 of 2015
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DHAIRYASINH BHARATSINH RATHOD....Applicant(s)
Versus
STATE OF GUJARAT & 1....Opponent(s)
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Appearance:
MR TR MISHRA, ADVOCATE for the Applicant(s) No. 1
MR VIRAT G POPAT, ADVOCATE for the Opponent(s) No. 2
MS. MAYURI P CHAUHAN, ADVOCATE for the Opponent(s) No. 2
MR. D.M.DEVNANI, AGP for the Opponent(s) No. 1
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE MR.
JAYANT PATEL
and
HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 05/11/2015
ORAL ORDER
(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JAYANT PATEL) Page 1 of 5 HC-NIC Page 1 of 5 Created On Sat Nov 07 02:09:44 IST 2015 C/MCA/2880/2015 ORDER We have heard learned counsel Mr. Mishra appearing for the applicants, Mr. D.M.Devnani, learned Assistant Government Pleader appearing for the respondent No.1 State-original appellant and Mr. Virat Popat for Jodhpur National University.
2. As such when this Court considered the matter of LPA No. 1237 of 2015 and allied matters on 18.9.2015, since the convocation was in contemplation for conferment of the degree, the declaration was made on behalf of the respondent- original petitioner that the same shall be produced and this Court on that basis directed that if the original degree certificate is produced by the original petitioner within one month from that day, the appointment order shall be issued by the competent authority within a period of 15 days thereafter in favour of the original petitioners, as directed by the learned single Judge. It was further observed that other conditions of further scrutiny would remain as ordered by the learned single Judge. This Court had also observed that after the appointment orders are issued and when the question arises for giving appropriate place in the seniority list, the original petitioners shall be at liberty to contend in accordance with law for maintaining the seniority. Thereafter the order Page 2 of 5 HC-NIC Page 2 of 5 Created On Sat Nov 07 02:09:44 IST 2015 C/MCA/2880/2015 ORDER of the learned single Judge was modified accordingly.
2.1 As, thereafter, it appears that the convocation was postponed by the university and as a result thereof, the applicants herein- original petitioners since were unable to produce the original degree, they have preferred all the present application to modify the earlier order praying that the respondent authority be directed to issue the appointment orders subject to production of the original certificate as and when the convocation is held.
3. As some doubt was raised about the functioning of the university and the degree obtained by the original petitioner concerned on behalf of the appellant State, in the present application, Jodhpur National University was ordered to be impleaded a as party respondent and the notice was issued by this Court to the said university.
4. In response to the notice issued by this Court, Mr. Popat learned counsel has appeared on behalf of the Jodhpur National University and the affidavit-in-reply has been filed on behalf of the university by the Registrar of the said university and it has been stated that the Page 3 of 5 HC-NIC Page 3 of 5 Created On Sat Nov 07 02:09:44 IST 2015 C/MCA/2880/2015 ORDER convocation for Diploma students is not being held every year, and the provisional degree certificates are given by the university on payment of requisite fee. Mr. Popat learned counsel appearing for the university confirms the position that all the original petitioners have studied with the university and the provisional certificates are issued by the university. However, it was submitted that the convocation may be deferred and no date is certain about the convocation.
5. In above view of the matter, we find that when advocate of the university itself confirmed about the passing of the requisite examination and issuance of the provisional certificates there would not be any valid ground on the part of the appellant-State to withhold the appointment orders merely on the ground that the original degree certificates are not produced. But at the same time, other observation made for further scrutiny can be kept open.
6. Hence, the earlier order passed in the LPA is modified to the effect that the concerned applicant herein-original petitioner shall be offered appointment order on or before 23.11.2015 from today as directed by learned single Judge. The other conditions observed by this Court for Page 4 of 5 HC-NIC Page 4 of 5 Created On Sat Nov 07 02:09:44 IST 2015 C/MCA/2880/2015 ORDER further scruitiny shall remain un-altered.
7. All the applications are disposed of accordingly. Direct service is permitted.
8. Mr. Popat on behalf of the university has stated that any officer of the State Government will be free to visit the office of the university after giving prior intimation and the any details, if called for and if available, shall also be supplied in respect of the original petitioners.
(JAYANT PATEL, ACJ.) (N.V.ANJARIA, J.) cmjoshi Page 5 of 5 HC-NIC Page 5 of 5 Created On Sat Nov 07 02:09:44 IST 2015