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Raval vs Nathibai

High Court Of Gujarat|09 July, 2012
Heard the learned advocate for the petitioners.
2. In spite of second call, no one appears for respondents.
3. On 29.06.2012, this Court passed the following order:
"The petitioners are students and are admitted in B.Ed. Course by respondent No.2-College, which is affiliated to respondent No.1-University and having intake capacity of 100 students.
Upon issuance of notice on 18th June 2012, on the returnable date, i.e. on 27th June 2012, none represented on behalf of respondent No.1-University, but, learned counsel appearing for respondent No.2-College made a request for time to file affidavit-in-reply, which is placed on record, whereby, it is made clear that no student was left out in the list of respondent No.1-University who were seeking admission in respondent No.2-College and, therefore, the petitioners, 20 in number, were accommodated and given admission by following procedure against the intake capacity of 100 students, since, earlier, 80 admissions were already granted.
In spite of service, none appears for respondent No.1-University.
Rule returnable on 5th July 2012.
Direct service is permitted.
If none appears for respondent No.1-University on the next date of hearing, appropriate order in accordance with law will be passed".
2. On 05.07.2012, Shri Y.C.Contractor, learned advocate appeared for respondent No.1, and at his request, the matter was ordered to be heard today. However, no one appears for respondent-University.
3. Considering the overall facts and circumstances of the case and academic interest of the students/petitioners herein, ad-interim relief in terms of para 6[C] is granted subject to further order that may be passed subsequently and/or final outcome of the petition. It is also made clear that this order is passed keeping in mind the academic interest of the students. The aforesaid order shall not create any equity in their favour.
Post the matter on 20th July, 2012.
Direct service is permitted today itself.
[Anant S. Dave, J.] After the above order is passed and before it could be signed, learned advocate Mr. Contractor for the respondent appears and submits that similar issue is pending before a co-ordinate bench of this Court pertaining to students seeking admission in similar courses and if the petitioners are otherwise found eligible, a separate examination commencing from 06.08.2012 in this regard can be conducted by the university in which the petitioners can appear. The respondent-university is directed to consider case of the petitioners accordingly.
Post the matter on 20th July, 2012.
[Anant S. Dave, J.] *pvv Top
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Title

Raval vs Nathibai

Court

High Court Of Gujarat

JudgementDate
09 July, 2012