1. Mr. Dipak R. Dave, learned advocate for the petitioner - student has, pursuant to hearing of present petition on number of occasions after which the hearing came to be adjourned, submitted that the student and one of the parents of the student are ready to file an undertaking (on affidavit) tendering unconditional apology and also undertaking that the petitioner - student, if allowed to appear in the ensuing examination, they will not insist for continuing the petitioner in the respondent's institute, in second year of the course and the petitioner - student on his own volition after consulting his parents and with consent of his parents, shall leave the respondent's institute and seek admission in any other institute. Mr. Dave, learned advocate for the petitioner submitted that such undertaking shall be filed by the petitioner - student and one of his parents on affidavit and subject to other conditions, the petitioner- student, may be allowed to appear in the ensuing examination.
2. Mr. Mangukiya, learned advocate for the respondent institute had initially expressed reservation as to the request of the petitioner - student for permission to appear in the ensuing examination, however upon considering the above mentioned assurance and stipulation by the learned advocate for the petitioner, he submitted that if written apology on affidavit is submitted on the record of petition and if the undertaking - assurance to leave the respondent's institute and seek admission in any other institute for the second year studies is filed, then respondent institute will allow the petitioner - student to appear for the ensuing examination and will make arrangement for conducting practical test which is already concluded so far as the other students are concerned.
3. In view of the said consensus arrived at between the parties, time until 28.3.2012 is granted to the petitioner - student to file said two affidavits viz. (i) tendering unconditional apology and (ii) undertaking - assurance that the student will leave respondent's institute voluntarily and will not insist for prosecute further studies in the said institute. Such undertaking shall be filed by the petitioner - student and one of his parents.
S.O.
to 28.3.2012.
(K.M.THAKER,J.) Suresh* Top