Gujarat High Court
Harshadkumar Dahyalal Patel vs State Of Gujarat & 4 on 24 July, 2017
Author: S.G. Shah
Bench: S.G. Shah
C/SCA/11817/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 11817 of 2017
With
SPECIAL CIVIL APPLICATION NO. 12012 of 2017
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HARSHADKUMAR DAHYALAL PATEL....Petitioner(s)
Versus
STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR AD OZA, ADVOCATE for the Petitioner(s) No. 1
MR NIRAJ ASHAR, AGP for the Respondent(s) No. 1
MRS YOGINI V PARIKH, ADVOCATE for the Respondent(s) No. 3
NOTICE SERVED BY DS for the Respondent(s) No. 2 - 3
SERVED BY RPAD - (N) for the Respondent(s) No. 4 - 5
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CORAM: HONOURABLE MR.JUSTICE S.G. SHAH
Date : 24/07/2017
COMMON ORAL ORDER
1. Draft Amendment is allowed as prayed for. It is to be carried out forthwith.
2. Heard learned advocates for the respective parties and perused the record.
3. Learned AGP is submitting a communication on the subject from the Office of Director Technical Education, Gandhinagar dated 21.7.2017 addressed to the Deputy Secretary of Education Department, Gandhinagar that Government is in process of resolving the problem. Such communication is taken on Page 1 of 3 HC-NIC Page 1 of 3 Created On Tue Jul 25 01:20:12 IST 2017 C/SCA/11817/2017 ORDER record. However, it is submitted by Mr.Ashar, learned AGP that since file is to move between different Departments, it will take some time.
4. Considering all such aspects, this Court has on 14.7.2017 directed the respondent No.3 to accept fees for the Second Semester and to allow the petitioners of respective petitions to continue their further studies. Thereby, now, State Government has to complete the formalities for conveying the concerned authorities being respondent Nos.3 and 4 that petitioners are allowed to continue studies and they are to be treated as on deputation for the purpose. However, till such communication is received by the respondent Nos.3 and 4, unfortunately, probably may be because of lack of timely communication of order dated 14.7.2017, the Professor and Coordinator of Quality Improvement Programme Center of Respondent No.3 has addressed a letter to the petitioner and all other concerned on July 20, 2017 that he is requesting to withdraw the admission of the petitioners under the QIP in view of NQCC decision. Considering the order dated 14.7.2017 by this Court and what is stated hereinabove, the operation and implementation Page 2 of 3 HC-NIC Page 2 of 3 Created On Tue Jul 25 01:20:12 IST 2017 C/SCA/11817/2017 ORDER of such communication dated July 20, 2017 is hereby stayed.
5. Thereby, respondent Nos.2 and 3 shall allow the petitioners to continue their studies. Respondent No.1 shall forward necessary communication to respondent Nos.3 to 5 preferably within three weeks. Respondent No.1 shall comply with the order dated 27.6.2017 in this matter as well as order dated 19.12.2016 in Special Civil Application No.21101 of 2016 with respect to the present petitioners also.
6. YADI of this order shall be communicated to the concerned authorities by Fax / Email, without fail.
7. List on 6.9.2017.
Direct Service, today, is permitted.
(S.G. SHAH, J.) * Vatsal Page 3 of 3 HC-NIC Page 3 of 3 Created On Tue Jul 25 01:20:12 IST 2017