Jaydipsinh Kisabhai Dodiya & vs State Of Gujarat & 4 on 24 March, 2014

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Gujarat High Court

Jaydipsinh Kisabhai Dodiya & vs State Of Gujarat & 4 on 24 March, 2014

Bench: Abhilasha Kumari

        C/SCA/4415/2014                               ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            SPECIAL CIVIL APPLICATION NO. 4415 of 2014
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          JAYDIPSINH KISABHAI DODIYA & 1....Petitioner(s)
                            Versus
             STATE OF GUJARAT & 4....Respondent(s)
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Appearance:
MR BHARAT T RAO, ADVOCATE for the Petitioner(s) No. 1 - 2
MR HARDIK SONI,ASTS.GOVERNMENT PLEADER for Respondent(s) No. 1
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        CORAM: HONOURABLE SMT. JUSTICE ABHILASHA
               KUMARI

                          Date : 24/03/2014
                           ORAL ORDER

1. This petition under Article226 of the Constitution of India, has been preferred with the following prayers :

"(A) To admit and allow this petition. (B) To issue a writ of mandamus, or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the Chairman, Analysis Committee (VISHLESHAN SAMITI), Director, Developing Caste Development Department, Gujarat State, Ahmedabad to decide the appeal dated 8.4.2013 of the petitioner no.1 which is pending forthwith relying on the documentary evidence annexed by the petitioners and grant NonCreamy Layer Certificate to the petitioner no.1 forthwith for the reasons Page 1 of 7 C/SCA/4415/2014 ORDER stated in the Memo of Petition and in the interest of justice.

Pending admission, hearing and final disposal of the above Special Civil Application, to direct the Chairman, P.G.Medical Admission Committee Year 2014 to consider the case of the petitioner no.2 for admission in Clinical Branch on the reserved seat of SEBC Quota commencing from 27.3.2014 as the petitioner no.2 was given admission as SEBC Candidate in 20072008 on the basis of NonCreamy Layer Certificate issued by Mamlatdar, Rajkot in 2007 for the reasons stated in the Memo of Petition and in the interest of justice.

OR IN THE ALTERNATIVE;

To direct the Chairman, P.G.Medical Admission Committee Year 2014 to keep one seat in P.G.Medical in Clinical Branch for the petitioner no.2 on the reserved seat of SEBC Quota commencing from 27.3.2014 for the reasons stated in the Memo of Petition and in the interest of justice.

(C) The Hon'ble Court may kindly be pleased to grant any other appropriate relief as the nature circumstances of the case may require.

(D) To award the cost of this petition."

2. The brief facts of the case, as stated in the Page 2 of 7 C/SCA/4415/2014 ORDER petition, are as follows.

2.1 Petitioner No.2 is the daughter of petitioner No.1. Both the petitioners belong to the Socially and Educationally Backward Class (SEBC) of Taluka Keshod, District Junagadh. Petitioner No.1 has been granted a Certificate of SEBC for the purpose of education and employment in the reserved category by the Mamlatdar, Keshod, on 03.08.2013. Petitioner No.2 has been granted a Certificate of SEBC on 28.05.2007, by the Mamlatdar, Rajkot. Petitioner No.1, who has the qualification of M.A., LL.M., Ph.D. entered the services of Saurashtra University in the year 1998 on the post of Assistant Professor. Thereafter, he was promoted to the post of Associate Professor on 17.04.2002. He has been promoted to the post of Professor on 01.01.2009, and is discharging duties as Professor, Department of English in the said University. Petitioner No.2, daughter of petitioner No.1, applied for admission in first M.B.B.S. in the year 20072008 in the SEBC category. When petitioner No.2 applied for admission, some objections were raised regarding the Certificate of NonCreamy Layer granted to her. The Director, Developing Caste, Page 3 of 7 C/SCA/4415/2014 ORDER Welfare Department, examined the matter at length, overruled the objections and confirmed the admission of petitioner No.2 in the first M.B.B.S. in SEBC quota in 20072008. Thereafter, petitioner No.2 completed her M.B.B.S. and got registered with the Gujarat Medical Council on 16.04.2013. She has completed her internship successfully. The case of the petitioners before this Court is that petitioner No.2 had to apply for admission in the Post Graduate Course before the Medical Admission Committee in the year 2014, in the open category, as the Certificate of NonCreamy Layer was to be applied for afresh, the validity of the earlier certificate being over. However, the Mamlatdar, Rajkot, vide order dated 24.12.2012 refused to grant a NonCreamy Layer Certificate to petitioner No.2. The said order of the Mamlatdar was carried in appeal before the Deputy Collector, Rajkot, who rejected the appeal on 31.01.2013. This order of the Deputy Collector was challenged before the Collector, Rajkot. Vide order dated 05.04.2013, the Collector, Rajkot, rejected the appeal. The petitioners were, therefore, constrained to file an appeal before the State Government against the abovementioned order of Page 4 of 7 C/SCA/4415/2014 ORDER the Collector, on 08.04.2013. In spite of several representations and reminders, the appeal of the petitioners has not been decided, so far. In the meanwhile, petitioner No.2 applied for the Post Graduate Medical Course before the Medical Admission Committee 2014 of Gujarat University, on 10.12.2013. She had to apply in the open category, as she did not possess the NonCreamy Layer Certificate due to the pendency of the abovementioned appeal. The grievance of the petitioners is that the admission process for P.G.Courses is to commence on 27.03.2014, and, if the appeal is not decided by respondent No.1, petitioner No.2 would be deprived from participating in the admission process.

3. Heard Mr.Bharat T. Rao, learned advocate for the petitioners and Mr.D.M.Devnani, learned Assistant Government Pleader, appearing for respondents Nos.1 to 3, on an advance copy of the petition.

4. It is submitted by the learned advocate for the petitioners that the interest of justice would be met, if respondent No.1 is directed to consider and decide the appeal of the petitioner before the admission Page 5 of 7 C/SCA/4415/2014 ORDER process commences. If the decision is favourable to the petitioners, respondent No.5 may be directed to consider the case of petitioner No.2.

5. Mr.D.M.Devnani, learned Assistant Government Pleader has no objection if an order, as prayed for by the petitioners is passed.

6. In view of the fact that the appeal of the petitioners is pending before respondent No.1 and the admission process for the Post Graduate Medical Course is to commence with effect from 27.03.2014; and taking into consideration the fact that the appeal has been pending with respondent No.1 ever since 08.04.2013, in spite of several reminders to decide the same, the following order is passed :

Respondent No.1 shall consider and decide the appeal filed by the petitioners on 08.04.2013, in accordance with law, after granting an opportunity of hearing to the petitioners, either through oral or written submissions. The decision shall be taken on, or before, 26.03.2014. In the event that the decision is favourable to the petitioners, respondent No.5 shall take the said decision into consideration.

Page 6 of 7 C/SCA/4415/2014 ORDER

The petition is disposed of, in the above terms, without entering into the merits of the case.

Direct service of this order, today, is permitted.

(SMT. ABHILASHA KUMARI, J.) Gaurav+ Page 7 of 7

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