Gujarat High Court
Rajesh Manibhai Patel vs Gmers Medical College Himmatnagar ... on 29 October, 2021
Author: Aravind Kumar
Bench: Aravind Kumar
C/LPA/990/2021 ORDER DATED: 29/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 990 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 12640 of 2021
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RAJESH MANIBHAI PATEL & 1 other(s)
Versus
GMERS MEDICAL COLLEGE HIMMATNAGAR THROUGH DEAN AND
ADDITIONAL DEAN AS I/C DEAN & 2 other(s)
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Appearance:
PARTY IN PERSON(5000) for the Appellant(s) No. 1,2
MR DHAWAN JAYSWAL for the Respondent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT
Date : 29/10/2021
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
1. At the request of the party appearing in person for being taken up on urgent basis, the matter was ordered to be listed today and accordingly, it is being taken up for hearing.
2. Mr. Dhawan Jayswal, learned counsel who had appeared before the learned Single Judge has appeared and waives notice for respondent No.1 and undertakes to file Vakalatnama within a period of two weeks. His submission and undertaking is placed on record.
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C/LPA/990/2021 ORDER DATED: 29/10/2021
3. We have heard Mr. Rajesh Manilal Patel along with Mr. Neil Rajeshbhai Patel, who are petitioners Nos.1 and 2 respectively. Urgent interim relief which has been sought for is that 2nd petitioner is entitled for certain certificates from 1 st respondent and without any rhyme or reason, same has been withheld on the premise that a bond for Rs.2.00 lakhs is not furnished by 2nd petitioner. Learned Single Judge has rejected the contention of the petitioners in so far as the bond is concerned and, as such, the present appeal has been filed.
4. In fact, before the learned Single Judge, certain reliefs as mentioned in detail therein had been sought for. Since copy of the Special Civil Application filed along with annexures has not been annexed to the present Letters Patent Appeal, we are not in a position to examine the actual prayers that was sought for before the learned Single Judge. At this juncture, learned counsel appearing for the respondent has made available copy of the Special Civil Application filed by appellants before learned Single Judge whereunder following prayers had been sought for:-
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C/LPA/990/2021 ORDER DATED: 29/10/2021 "1. Writ of Mandamus requested to be issued to the Respondent alone for Completing the Permanent Doctor's Registration by following Gujarat Medical Council circular at its cost and peril and Release of the Original Documents withheld such as School Leaving Certificate, HSC Std.12 Marks-shest, TYMBBS Part-1&2 Marks- sheets and issuance of Internship Completion Certificate, First Attempt Certificate, Degree Certificate procured for PDC from University, Form-183, 186 for USMLE Registration or any future Documentary or otherwise requirements for any career matter without any Prejudice, malarkey or malice for Constitutional Rights of the Petitioner's Son under Article[14],[19][1][g] r/w [19][6] without abridgment as per Article [13], [21] and [23] for 'illegality ab initio' for pretext manufactured and disguised and surreptitiously introduced in light of facts of the Petitioner's case.
2. Award compensation if possible as direct resulting damages besides Consequential financial damage is Rs.625,000 as on date and counting besides most precious to Petitioner's son's career prospect which damage is now becoming excessive and for entirely Unconstitutional and illegal through equally similar means.
3. In case of any lengthy process needed by Honorable Court, some interim Order for end of justice that seem fit even as a stopgap measure with necessary directions which will stop immediately further Damages being inflicted despite the Petitioner and his Son being Constitutionally and Legally correct.
4. Award the Damages so to be deterrent enough as seem fit to the Honorable Court based on its estimates considering the facts of the case.
5. Any additional relief and unliquidated Page 3 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 damages, Honorable Court deem see fit to compensate for career damages so far."
5. The first prayer relates to issuance of the original documents like School Leaving Certificate, etc. including the First Attempt Certificate, Internship Completion Certificate amongst others. However, before the learned Single Judge, the original documents which was submitted by the 2 nd petitioner at the time of taking admission to the college in the year 2015 was furnished and it was received in the open Court by petitioners and recording this fact in the impugned order, learned Single Judge disposed of the petition. However, the contention regarding production of the bond and solvency for Rs.2.00 lakhs in the form bank guarantee sought for by the College has been rejected and, as such, the present appeal is filed and this is an issue which requires to be adjudicated at the time of final hearing of this appeal.
6. Be that as it may. On account of certain documents which was also sought for before the learned Single Judge and which had not been furnished to petitioners are said to be the requirement of petitioner and as such they had sought for urgent hearing of this matter and in order to ensure that Page 4 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 substantial justice is done particularly in the background of the 1st petitioner canvassing before this Court that a communication has already been dispatched by the Medical College on 26.10.2021 by communication No.7364 of 2021 calling upon 2nd petitioner to collect the documents we have taken up this matter after considering this limited prayer.
7. Having heard the 1st petitioner who is party in person and learned counsel appearing for the respondent, we notice that Internship Completion Certificate has been agreed to be furnished by the Medical College. Though learned counsel appearing for the respondent submits that log book which ought to be produced or furnished by the 2 nd petitioner at the earliest, he has admitted that same has now been furnished by 2nd petitioner on 21.10.2021. As such, recording the submission of the learned counsel appearing for the respondent, the demand made by petitioners for grant of Internship Completion Certificate would now be furnished, the demand/prayer of the petitioners in that regard stands complied.
8. In so far as the Transcript Certificate which requires to be furnished by the College as contended by petitioners, it is the Page 5 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 stand of the learned counsel appearing for the respondent that a sum of Rs.3,500/- has to be paid by petitioners and if said amount is remitted to the College, said certificate would also be furnished.
9. At this juncture, we have taken notice of the fact that despite petitioners appearing in person having been informed that 1st petitioner should stick to his arguments to the queries raised by the Court, yet on the ground that Court is not hearing the matter as per the arguments canvassed by him, he has insisted for being heard on all issues which are not germane for consideration of his urgent prayer. As such, we direct the party who is appearing in person to yet again appear before the Committee which has granted the permission to submit/argue in person and seek the permission of the Committee by explaining the record once again as to why he should be granted permission to appear as party in person and if there is any financial difficulty faced by the petitioners appearing in person, Gujarat State Legal Service Authority may examine for providing free legal aid to the parties appearing in person if eligible, since parties appear in person on surmises and conjectures cannot be allowed to appear in Page 6 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 person as they tend to take away precious judicial time by canvassing arguments not germane for the case and we are of the view that particularly when they are not conversant with the procedural aspects and they cannot hold the Court for long number of hours by canvassing irrelevant points. The Committee would be at liberty to re-examine the said issue and we are not expressing any opinion and we leave it to the wisdom of the Committee either to permit the petitioners appearing in person to canvass their arguments or pass such order as Committee deem fit. In order to ensure that a student is not deprived of his any valuable and legitimate right, this exercise of taking the matter out of turn is undertaken by this Court despite arguments being canvassed on merits of the appeal as we are not hearing this appeal on merits.
10. Coming back to the core issue with regard to furnishing of Transcript Certificate by the Medical College, we do not find from the prayer made before the learned Single Judge that such certificate was sought for. However, party appearing in person would contend that it includes in the prayer where petitioners sought for future documents. This omnibus prayer sought for cannot be accepted. Be that as it may. The Page 7 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 Transcript Certificate is now agreed to be furnished by the respondent on petitioners making payment of Rs.3,500/- which is said to be the extant fee to be paid by all students. However, this is seriously disputed by the petitioners. We make it explicitly clear that on payment of a sum of Rs.3,500/- by the petitioner and if so advised without prejudice to their rights, they can remit the said amount to the Medical College and on such payment being made by the petitioners, 1 st respondent shall furnish to 2 nd petitioner the Transcript Certificate immediately thereafter. It is also made clear that payment so made would be without prejudice to the rights and contentions raised by appellants in the present appeal.
11. In so far as the 1st Attempt Certificate sought for by petitioners, copy of the same which is kept ready by College for being furnished to 2nd petitioner is made available to the Court and a copy of this has also been furnished to the 1 st petitioner. He would contend that condition that has been putforth in the said certificate is onerous. Said condition referred in the Certificate reads as under:
"HE IS BONDED CANDIDATE OF GUJARAT
GOVERNMENT.
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C/LPA/990/2021 ORDER DATED: 29/10/2021
Neil Rajesh Patel is a bonded candidate, in spite of repeated demands for submission of bond documents by the institute, he has not submitted the bond document till date."
12. The main and core issue involved in this Letters Patent Appeal is with regard to furnishing of the bond and the petitioners are contending that no such requirement is cast upon 2nd petitioner to furnish the bond as demanded by College. In order to meet the ends of justice and to balance the equities, we are of the considered view that it would be appropriate to direct the respondent to delete the said clause and the issue relating to the bond is pending before this Court in the present Letters Patent Appeal No.990 of 2021 be incorporated and said Certificate is being issued subject to the result of the present appeal. With this incorporation, the rights of the respondent would also be secured, in as much as in the event of the appellants not succeeding in this appeal, they cannot be gainsaid that on account of certificate having already been issued, there would be no requirement for him to furnish the bond or he would not face consequences for not furnishing said bond.
13. With the aforesaid observation and order, we direct the Page 9 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021 C/LPA/990/2021 ORDER DATED: 29/10/2021 respondent to furnish aforesaid three certificates subject to the condition stipulated hereinabove. Ordered accordingly.
(ARAVIND KUMAR,CJ) (MAUNA M. BHATT,J) RADHAKRISHNAN K.V. Page 10 of 10 Downloaded on : Thu Nov 18 01:03:41 IST 2021