(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard learned AGP Ms.Jirga Jhaveri for the appellant-State. Though rule has been served on the respondent, but no one appears to oppose this appeal.
2. The respondent wanted to obtain No Objection Certificate ( for short “NOC” ) for running the course of B.Ed course from the appellant-State Government. The NOC was not issued by the appellant. Therefore, the respondent filed Writ Petition being Special Civil Application No.802 of 2004 which was disposed of by the learned Single Judge on 03.03.2004 directing the respondent to decide the representation of the petitioner, as early as possible, latest by 12.3.2004 in a just and proper manner.
3. In compliance of the order passed by the learned Single Judge, the representation was decided by the appellant by order dated 18.03.2004 and the demand of NOC by the respondent trust to start a new B.Ed College in affiliation with Gujarat University for the Academic Year 2004-2005 was not accepted. This order was challenged by the respondent by way of Misc. Civil Application No.1543 of 2004, wherein it was prayed that the order passed by the appellant on 18.03.2004 refusing to grant NOC be set aside and the original writ petition being Special Civil Application No.802 of 2004 be allowed. In substance, this order was a review application.
4. In our opinion, once the Court disposed of the writ petition on 03.03.2004, the Court became functus-officio, and if there is any apparent error in the order, the same could be corrected by way of review petition. But, once the representation of the respondent was decided by the appellant by a reasoned speaking order on 18.03.2004, the order could not be subject matter of either review petition or any misc. application. The only remedy of the respondent was to have challenged the order by way of filing a separate writ petition. The learned Single Judge in Misc. Civil Application No.1543 of 2004 could not set aside the order dated 18.03.2004 and direct the appellant to issue NOC in a review petition which was not subject matter of earlier writ petition. For the aforesaid reasons, the order passed by the learned Single Judge dated 24.09.2004 cannot be maintained.
5. In the result, the appeal succeeds and is allowed. The impugned order dated 24.09.2004 passed by the learned Single Judge in Misc. Civil Application No.1543 of 2004 in Special Civil Application No.802 of 2004 is set aside. The parties shall bear their own costs.
6. Consequently, Civil Application No.7007 of 2005 does not survive and accordingly stands disposed of with no order as to costs.
(V.M. SAHAI, J.) (A.J.DESAI, J.) syed/