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2017 DIGILAW 1596 (GUJ)

Kotwal Riddhi Dineshbhai v. State of Gujarat

2017-09-04

R.SUBHASH REDDY, VIPUL M.PANCHOLI

body2017
ORDER : R. SUBHASH REDDY, J. 1. The Letters Patent Appeal is filed by the applicant, original petitioner, in Special Civil Application No. 21375 of 2016. 2. Aforesaid Special Civil Application is filed in the year 2016 with the prayers which reads as under:- “8.(a) To admit and allow this petition. (b) To hold and declare that the action of the concerned respondent in not allowing the claim of the present petitioner for revision of the seat from that in B.Sc. Nursing to the Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) because of non production of NOC and original marksheets, is bad in law and be pleased to direct the concerned respondent to admit the respondent in the preferred course. (c) To allot a seat to the petitioner either in the course of Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) as per her merits and also be pleased to direct respondent No. 4 Ekta College to issue NOC and return original documents of the petitioner and pass all consequential orders in regard. In the alternative (d) To direct respondent No. 2 - Admission Committee to grant admission to the petitioner either in Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) strictly in accordance with the merit rank of the petitioner and without insisting for the NOC to be issued by respondent No. 4 - College and without insistence of the original marksheets and other documents of the petitioner. (e) Pending admission, hearing and final disposal of the petition, to direct respondent authorities to keep one seat vacant in either of the two preferred courses i.e. Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) on provisional basis. (f) To pass any other and further orders as may be deemed fit and proper to this Hon'ble Court.” 3. For the current academic year, the applicant has filed Civil Application No. 11264 of 2017 with the prayers seeking direction to the respondents to keep one seat vacant in either Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) pending the Special Civil Application. 4. For the current academic year, the applicant has filed Civil Application No. 11264 of 2017 with the prayers seeking direction to the respondents to keep one seat vacant in either Bachelor of Ayurveda, Medicine and Surgery (BAMS) or in Bachelor of Homeopathic Medicine and Surgery (BHMS) pending the Special Civil Application. 4. Learned Single Judge vide order dated 31.08.2017 disposed of the Civil Application No. 11264 of 2017 holding that granting the reliefs would amount to allowing the main Special Civil Application and further directed to list main Special Civil Application on Board. 5. After perusing the prayers in the main petition and the reliefs sought in the Civil Application, we are in agreement with the view taken by the learned Single Judge and as such we are not interfering with the order passed by the learned Single Judge in this Letters Patent Appeal filed under clause 15. 6. However, as it is stated that the admission process would start from 08.09.2017, liberty is granted to the applicant to move application for pre-pining the main petition. We request the learned Single Judge to take the main petition as expeditiously as possible. 7. In view of above the Letters Patent Appeal and Civil Application stand disposed of with above liberty.