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Komal Girdharbhai Patel vs State Of Gujarat & 3

High Court Of Gujarat|28 August, 2012
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JUDGMENT / ORDER

(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR) 1. This appeal is directed against the judgment and order passed by the learned Single Judge dated 4.4.2006 in Misc. Civil Application No.2951 of 2005 which was preferred against the judgment and order dated 23.5.2005 passed in Special Civil Application No.8978 of 2005 by which the learned Single Judge disposed of the group of petitions including the present matter and it was held by the learned Single Judge that admission given to the petitioner and other similarly situated persons who have also filed the petition before the learned Single Judge is contrary to law and accordingly no relief was granted to the petitioners and the petition filed by the petitioners were dismissed. The review filed by the petitioner against the said order was also dismissed.
2. This appeal is already admitted since long and it is pointed out that the appellant has already completed B.Pharm course during the pendency of this appeal. It is submitted by both the sides that similar three Letters Patent Appeals have been disposed of by judgment and order dated 29.6.2009 by which it is held that since the concerned students have already completed the course of B.Pharm, the respondents are directed not to raise any objection against the eligibility of the appellants to appear in any of the examinations in the B.Pharm course conducted by the respondent No.3 university. It is pointed out that the present appellant has already completed the course. Considering the fact that in an identical situation, the three Letters Patent Appeals have been disposed of by this Court being Letters Patent Appeal Nos.270, 616 and 271 of 2006 by order dated 29.6.2009, this appeal is also disposed of with a direction that the respondents shall not raise any objection regarding eligibility of the appellant to appear in any of the examinations in the B.Pharm course and it can be said that she has validly prosecuted her study in B.Pharm and it is pointed out that now she is doing M.Pharm. In view of the same, it is held that admission given to the appellant student is to be treated as valid and she has been validly given admission by the Admission Committee. She is accordingly permitted to prosecute further study on the basis that she has validly passed B.Pharm examination. This appeal stands disposed of accordingly.
3. In view of the above, Civil Application does not survive. Civil Application stands disposed of.
(P.B.Majmudar,J) (Mohinder Pal,J) pathan
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Title

Komal Girdharbhai Patel vs State Of Gujarat & 3

Court

High Court Of Gujarat

JudgmentDate
28 August, 2012
Judges
  • P B Majmudar
  • Mohinder Pal Lpa 615 2006
Advocates
  • Mr Mehul H