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2021 DIGILAW 883 (GUJ)

Chavda Dipaliben Dineshbhai v. State Of Gujarat

2021-09-29

BHARGAV D.KARIA

body2021
ORDER : Heard learned advocate Mr.Sudhanshu A. Jha for the petitioners/applicants, learned Senior Advocate Mr.S.N.Shelat assisted by learned advocate Mr.Vikas Nair for the respondent No.2, learned advocate Ms.Niyati V. Vaishnav for the respondent No.3 and learned Assistant Government Pleader Ms.Nidhi Vyas for the respondent-State. Order in Special Civil Application : 1. By this petition, the petitioners have challenged the action of the respondent No.2-University for placing the petitioners who are the students of the respondent No.3-College in no admission zone. The petitioners have also prayed to direct the respondents not to change the subjects and College of the students of the respondent No.3 College in mid of the year and not to alter the admission and subjects of the petitioners in the respondent No.3-College. 2. The petitioners have also prayed to quash and set aside the order dated 3rd December, 2020/25th November, 2020 passed by the respondent No.2-University whereby, the respondent No.2-University intimated the respondent No.3-College that the respondent No.3-College is placed under the no admission zone in view of the order dated 31st July, 2020 passed by this Court (Coram : Hon’ble Mr.Justice G.R.Udhwani, as his Lordship was then) in Special Civil Application No.8598 of 2020 as the respondent No.3-College did not complete the recruitment process of seven Professors. It was also intimated by the respondent No.2-University to the respondent No.3-College to transfer the students who are admitted in Semester-I of the Bachelor of Arts Course for the year 2020-2021 to other College and to refund the Fees collected from such students. It was also intimated to the respondent No.3-College to forward a list of the students to the University so that the University can transfer such students to the other College and in failure of such action on the part of the respondent No.3-College, the responsibility was fastened on the respondent No.3-College for default. 3. It is the case of the petitioners that the petitioners have taken the admission in the respondent No.3-College in the subjects of Social Science and Psychology in the course of Bachelor of Arts and after taking the admission, the respondent No.2-University has placed the respondent No.3-College in no admission zone and thereafter the petitioners were not transferred to other College and hence, the petitioners have preferred this petition. 4. 4. Grievance was also raised on behalf of the petitioners when the matter was heard on 15th February, 2021 that the petitioners would not be able to appear in the ensuing first year Bachelor of Arts Examination in the subject of Sociology and Psychology scheduled from 17th February, 2021 in view of the order dated 25th November, 2020/3rd December, 2020 by which the University refused to recognize the respondent No.3-College and place the same under the no admission zone. This Court (Coram: Hon’ble Mr.Justice Biren Vaishnav) on 15th February, 2021 passed the following order permitting the petitioners to appear in the Examination beginning from 17th February, 2021: “1. Heard Mr.Sudhanshu Jha, learned advocate for the petitioner Ms.Niyati Vaishnav, learned advocate for respondent No.3-College and Mr.Vikas Nair, learned advocate for the respondent No.6-University. 2. In this petition under Article 226 of the Constitution of India, the predicament of the students is that since the college has been placed under the “No Admission Zone”, for purported non compliance of the order dated 31.07.2020 passed by this Court, they will not be able to appear in the ensuing first year B.A Examinations in the subject of Sociology and Psychology scheduled from 17.02.2021. This has resulted due to the order of the University dated 25.11.2021 by which the University has refused recognition placing the college under the no admission zone. However, reading the impugned order suggests that the students can be transferred to any other college. 3. Looking to the imminent examination schedule, and on a request by the Learned Advocate for the Petitioners to extend the benefit for the students who are not the petitioners before this Court and to protect the interest of the students, by way of an interim arrangement, the students of the college shall be permitted to appear in the ensuing first semester examination of the Bachelor of Arts. This arrangement is purely interim only with a view to save the students' year. 4. Mr.Vikas Nair, learned advocate, at this stage apprehended that the enrollment process would take sufficient time and the students of the college can be permitted to appear in the April 2021 examinations. Looking to the fact that the students get the benefit of the examinations beginning on 17/2/2021 And not to further derail their academic pursuits the students shall be permitted to appear at the examinations as aforesaid. Looking to the fact that the students get the benefit of the examinations beginning on 17/2/2021 And not to further derail their academic pursuits the students shall be permitted to appear at the examinations as aforesaid. Pending the examinations, on the applications made for enrollment, appropriate procedures to enroll such students shall be concluded during the examination period. 5. After the examinations are conducted, the students will have to opt out of the college – respondent No.3 and secure admissions for the next academic session in their respective subjects in colleges other than the respondent NO.3 college as directed by the University's communication dated 25.11.2020. The college shall issue appropriate results of the examination and certificate recognizing pursuing of their first year B.A Course of the term in question so as to enable the students to pursue rest of the term in the Bachelor of Arts sessions with the other colleges in which they secure admission. This arrangement is limited to this term examination with a clarification that the students will have to shift to the other colleges from the next term. 7 The petitioners shall be permitted to take the examinations pending the procedure for enrollment that may be undertaken by the students with the help of the University. This procedure shall be followed for the purposes of only enabling the students to take the present examination. The students will co-operate with the enrollment procedure. Stand over to 15.06.2021.” 5. It is clear from the above order that this Court was conscious about the future of the students and therefore it was specifically observed in paragraph No.5 of the aforesaid order that the students would have to opt out of the respondent No.3-College after the examination and secure admissions for the next academic session in their respective subjects in the Colleges other than the respondent No.3-College as directed by the University’s communication dated 25th November, 2020/3rd December, 2020. 6. However, it appears that the petitioners did not take the admission in the Colleges which were referred to by the respondent No.2-University on the ground that the respondent No.2-University did not declare the result of the petitioners with regard to the examination of the first semester. 7. In view of such circumstances, this Court passed the following order on 26th August, 2021 : “1. Heard, learned Sr. Advocate, Mr. S.N. Shelat, assisted by learned Advocate Mr. 7. In view of such circumstances, this Court passed the following order on 26th August, 2021 : “1. Heard, learned Sr. Advocate, Mr. S.N. Shelat, assisted by learned Advocate Mr. Vikas Nair, for Respondent No.2 and learned Advocate, Ms. Niayati Vaishnav, appearing for Respondent No.3. 2. Learned Advocate, Ms. Vaishnav, submitted that the relevant papers for the purpose of declaration of the result of the petitioner has already been handed over to the Respondent-Univeristy during the course of the day. 3. Learned Sr. Advocate, Mr. Shelat, submitted that the result of the petitioner shall be declared on or before 5th SEPTEMBER, 2021. 4. Stand over to 6th SEPTEMBER, 2021.” 8. After the aforesaid order, the result of the first semester of the examination conducted in February, 2021 was declared by the respondent No.2-University on 14th September, 2021. 9. It appears that thereafter, the petitioners tendered the draft amendment which was allowed vide order dated 13th September, 2021. 10. The respondent No.2-University has filed affidavit-in-reply to the amended petition in addition to the affidavit-in-reply already filed on 31st March, 2021 so as to controvert the allegations levelled by the amendment of the petition. 11. By the amendment in the petition it was contended by the petitioners that out of 59 students, 40 students are declared as Fail and the University is not even providing reassessment to the students. It was further submitted that the third semester has already started and the students are still awaiting the admission in the third Semester and University is adamant not to grant admission to the students in the third semester. Reliance was placed on the University Grants Commission Regulation for Affiliation of Colleges by Universities, 2009 which provides that in case of the closer of the College by the University, the students shall not be affected till they pass out the course for which they are enrolled by the College. 12. To meet with the above submissions by the amendment in the petition, the respondent No.2-University has contended in the further affidavit-in-reply as under : “4. It is respectfully submitted that by way of the said amendment the petitioner have tried to level allegation against the respondent University about conduct of examination and intentionally failing the petitioners and also has placed on record the copy of UGC regulations wherein the procedure where the colleges are disaffiliated is laid down. 5. It is respectfully submitted that by way of the said amendment the petitioner have tried to level allegation against the respondent University about conduct of examination and intentionally failing the petitioners and also has placed on record the copy of UGC regulations wherein the procedure where the colleges are disaffiliated is laid down. 5. It is in these circumstances the petitioners have raised a grievance now that the university has intentionally failed the students. A grievance is also raised with regards to no opportunity for reassessment. In response to the same it is submitted that the respondent no.2-University is carrying out the procedure for filling of forms online for reassessment. It is further submitted that respondent no.3 college-Radheshyam College is deleted from the list of colleges with the University and hence the same could not be shown in the list for applying In the reassessment procedure. Accordingly the University has already intimated the concerned college to collect the forms for reassessment and then forward the same to university within a prescribed period. Annexed hereto and marked as “Annexure-S-1” is the copy of intimation to college. 6. It is further submitted that the results of the students is as per the papers answered by them and also the internal marks as supplied by the College. The results of the five petitioners is as under Petitioner Result Remarks P-1 Pass Pass in all subjects P-2 Fail Fail in 3 subjects P-3 Pass Pass but with 6 marks grace in one subject P-4 Fail Fail in 3 subjects and also the internal marks reflect absent P-5 Pass Pass but with 6 marks grace in one subject 7. It is further submitted that the results of the students which appeared in the examination from the respondent no.3 college is as under Total Students appeared: 68 Total No. of Students declared as pass: 20 Total No of Students declared as fail: 40 Total No of Students remained absent in external exam: 8 No. of Students pass with grace marks: 11 No.of students failed but given grace in other subjects: 3 No. of students failed/absent in internal examination: 21 Hence it is submitted that out of the total 48 students who have been declared as fail or absent 21 are either failed in their internal examinations or their marks have not been supplied by the college and hence they are declared as fail. Annexed hereto and marked as “Annexure-S-2” is the copy of result. 8. It is further submitted that the UGC regulations that are sought to be pressed into service would not be helpful to the petitioner students now in view of the passage of time and in spite of being given opportunities to be transferred to other colleges, the petitioners have chosen to not abide by the directions of university and did not even consider the concession given by the University during the course of hearing of the present Special Civil Application. The same can be observed from the order dated 15.02.2021 wherein the University has categorically mentioned that the University can accommodate the students in other college and they can appear in the upcoming examination, in spite of which the petitioners insisted to continue with the same college. Hence after the said examination and now the subsequent semester is also over the petitioners cannot be accommodated elsewhere by the University. 9. In order to controvert the same the following list of dates and explanation for the same shall be necessary. Date Nature of Communication Details 31.7.2020 (Page 14) Order passed by Honorable High Court in SCA 8598 of 2020 The admission of the students shall be subject to procurement of qualified staff and the same shall be notified to the students. In case of failure the students shall be refunded the fees. In case of failure the university shall make endeavor to accommodate the students in nearby colleges 5.8.2020 (Page 19) University to College Permission to admit with conditions as passed in order by Honorable Court 25.11.2020 (Page 21) University to College Non-compliance of the order passed by High Court and hence the college shall refund the fees to the students and the students are to be transferred (Point no.2 in the communication) 9.12.2020 University to Parekhs College The students are to be transferred to Parekhs college and the admission procedure is to be completed. (Copy forwarded to respondent college) Action by few students If there is any difficulty then the same shall be intimated to the university. 8 out of 150 students from the college have opted for admission in other colleges and they have successfully cleared the examination also after attending the terms. 15.12.2020 (Page 24) University to college Students are to be transferred to Parekhs College in the subjects of Economics, Gujarati, Hindi and English. 8 out of 150 students from the college have opted for admission in other colleges and they have successfully cleared the examination also after attending the terms. 15.12.2020 (Page 24) University to college Students are to be transferred to Parekhs College in the subjects of Economics, Gujarati, Hindi and English. 15.2.2021 Interim order passed by this Honorable Court in SCA 833 of 2021 Students permitted to take exams and further procedures to be completed by University on the condition that students shall take admission in another college in second semester. 23.2.2021 University to college Inquiry as to delay in appointment of assistant professors. What was the arrangement for conducting the classes and imparting education during this period. There is no report of joining of the appointed staff and whether they have joined the college or not. 4.3.2021 District education officer to University (on the basis of complaint by students) Complaint as to unqualified staff, irregular attendance and extra fees being collected by college 8.3.2021 College to University Requesting for enrolment 5.4.2021 University to college Seeking clarification as to the complaint forwarded by DEO Bhavnagar. 31.5.2021 University to college Intimation as to placing the details on notice board and intimation to students. 2.6.2021 College to University Permission seeking closure of college 8.6.2021 College to University Copies of fee receipts forwarded by the college. 22.6.2021 College to University Request for forms of students in sem-1 and 2 Other particulars are attached including the details of attendance and exams It is informed that the students have not secured admissions in other colleges It is also informed that the college used to impart them studies in second semester also 25.8.2021 University internal forwarded to Exam Department Forwarding the papers and attendance for evaluation to the exam department 05.09.2021 Online Declaration Results declared pursuant to the order passed by this Honorable Court Annexed hereto and marked as “Annexure-S-3” is the copy of Communications 10. It is respectfully submitted that there are no details with regards to refund of fees by the respondent college to the students and the students are trying to secure the relief from this Honorable Court by shifting the blame on the University in spite of the fact that the students were well aware about the shortage of staff and the conditional order passed by this Honorable Court. This reflects that the College is espousing their cause through the students by narrating that the students are being imparted education in the college so that they do not have to refund the fees as provided in the order passed by this Honorable Court in SCA 8598 of 2020. 11. It is also submitted that the students have flouted the interim order as they did not seek admission in other college for the second semester which was a condition in the interim order Passed by this Court 12. Hence it is respectfully submitted as under 12.1. No actions taken by the university have violated any fundamental or legal right of the petitioners where inspite of providing sufficient options by the university to the petitioners keeping in view their academic year, none have been considered by the said petitioners. 12.2. Even after the petitioners being well aware about the situation of the respondent college being placed in no admission zone, no actions have been initiated by the petitioners to seek admission in other college than respondent no. 3. 12.3. Further, even when the University had given an option to the petitioners to change the college and then appear in April examination after attending the classes, the said option was not considered by the said petitioners and rather they preferred to appear in the examination conducted in February 2021 contravening the UGC Regulations. 12.4. Further, the said petitioners were permitted to appear in February 2021 examination with an arrangement that they shall shift and secure admission for the next session in the other college. However, none of the petitioners have even initiated any actions to shift to the other college for the next term, even after appearing in the February 2021 examination. 13. 12.4. Further, the said petitioners were permitted to appear in February 2021 examination with an arrangement that they shall shift and secure admission for the next session in the other college. However, none of the petitioners have even initiated any actions to shift to the other college for the next term, even after appearing in the February 2021 examination. 13. At the outset, where the answering respondent university, inspite of the no enrolment, had shown the willingness to accommodate the students in the April, 2021 Examination for the First Semester which would have helped them the benefit of appearing in June, 2021 for second term examination and further where upon insistence the petitioners have been permitted to appearing the February 2021 examination with an arrangement that they shall shift and secure their admission for the next term in other college, to that effect, when no such action for transferring the college has been undertaken by the petitioners even after appearing in the said examination, none of the rights can be said to have been prejudiced by the university and they cannot seek assistance of the UGC regulations.” 13. From the above contentions raised on behalf of the respondent No.2-University it is clear that the respondent No.2-University has acted in accordance with law as per the University Grants Commission Regulations and has also shown willingness to accommodate the students in the April, 2021 Examination for the first Semester held. However, due to the insistence of the petitioners for appearing in the examination in the February, 2021 with an arrangement that they would shift to the other College from the next term of the second Semester, this Court permitted the petitioner to appear in the exam but the petitioners did not shift to other college even after appearing in examination held in the month of February, 2021. In such circumstances, it was submitted on behalf of the respondent No.2-University that there is no violation of the University Grants Commission Regulation as canvassed on behalf of the petitioners. 14.1. Learned advocate Mr.Jha appearing for the petitioners submitted that the precious one year of the petitioners is wasted due to the internal disputes and problems between the respondent No.2-University and the respondent No.3-College for no fault on the part of the petitioners. 14.1. Learned advocate Mr.Jha appearing for the petitioners submitted that the precious one year of the petitioners is wasted due to the internal disputes and problems between the respondent No.2-University and the respondent No.3-College for no fault on the part of the petitioners. The petitioners were admitted by the respondent No.3-College in the year 2020-21 in the Bachelor of Arts course with the subjects of Psychology and Social Science. However, as the respondent No.3-College was not having sufficient number of teaching staff, the respondent No.2-University placed the respondent No.3-College in no admission zone with a direction to refund the Fees to the petitioners and to transfer the petitioners to some other College. It was submitted that the petitioners have no alternative but to approach this Court by filing this petition to save their one year. However, in spite of giving examination by the petitioners in the month of February, 2021, the result was not declared by the respondent No.2-University on the pretext that the documents were not furnished by the respondent No.3-College and as such, ultimately the results were declared only in the month of September, 2021 pursuant to the order passed by this Court on 26th August, 2021. 14.2. It was therefore, submitted by learned advocate Mr.Jha that there was no fault on the part of the petitioners as the petitioners were vigilant and were pursuing the studies and only because of the internal disputes between the respondent No.2-University and respondent No.3-College, the precious one year of student life of the petitioners is wasted. It was submitted that the petitioners are ready and willing to go to be admitted in any other College where the respondent No.2-University may suggest at present. It was also submitted that as per the University Grants Commission Regulation, 2009, it is a duty of the respondent No.2-University to accommodate the petitioners in the College as it is due to the action of the respondent No.2-University, the respondent No.3-College is not able to impart education to the petitioners. It was also pointed out that the respondent No.3-College is in working condition as students of second and third year of Bachelor of Arts Course are pursuing the studies and only because the respondent No.2-University has placed respondent No.3-College in no admission zone, the entire career of the petitioners is jeoparadized due to such action. 15.1. It was also pointed out that the respondent No.3-College is in working condition as students of second and third year of Bachelor of Arts Course are pursuing the studies and only because the respondent No.2-University has placed respondent No.3-College in no admission zone, the entire career of the petitioners is jeoparadized due to such action. 15.1. On the other hand, learned Senior Advocate Mr.Shelat appearing for the respondent No.2-University submitted that the petitioners are not justified in raising the contentions of wasting their one precious year before this Court in view of the fact that the petitioners were informed to take admission in three other Collages as per the letter dated 9th December, 2020 which is placed on record at page No.69 of the Additional Affidavit. It was submitted that the respondent No.3-College was informed and intimated in advance to send the list of the students to the respondent No.2-University so that they can be accommodated in other College if the petitioners had any grievance with regard to the subjects being offered by the Colleges where they were to be transferred, however the petitioners could have contacted the University and the respondent No.2-University could have taken care of such problem of the petitioners and other students. 15.2. It was further submitted by learned Senior Advocate Mr.Shelat that the petitioners are themselves responsible for the wastage of one precious year of their life as they insisted for appearing in the Examination to be held in February, 2021 whereas, the respondent No.2-University was ready and willing to conduct the Examination in the month of April, 2021 and thereafter, the students after taking the admission in the other College could have appeared in the Examination which were conducted in the month of June, 2021 for the second semester and the entire one year could have been saved. However, the petitioners have chosen to agitate the issue to continue with the respondent No.3-College by filing this petition and therefore, it is for the petitioners to suffer for their action and as such the respondent No.2-University is always ready and willing to help the petitioners-students to continue the education and as on today the respondent No.2-University is ready and willing to accommodate the petitioners to any other College with the subjects of Social Science and Psychology. 16. 16. Learned advocate Ms.Vaishnav for respondent No.3-College submitted that the respondent No.3-College has always abided by the orders passed by the respondent-University and communicated the same to the petitioners from time to time. 17. Having heard the learned advocates for the respective parties and having gone through the material on record, it is apparent that the respondent No.3-College was not having sufficient number of teaching staff and in view of the order passed by this Court on 31st July, 2020 in Special Civil Application No.8598 of 2020 the respondent No.2-University placed the respondent No.3-College in no admission zone for the year 2020-2021 and further directed the respondent No.3-College to refund the Fees of the students who have been admitted for Bachelor of Arts course. The order passed by this Court (Coram: Hon’ble Mr.Justice G.R.Udhwani, as his Lordship was then) dated 31st July, 2020 in Special Civil Application No.8598 of 2020 reads as under : “Reply filed by the respondent – university be taken on record. The question involved in this petition is with regard to listing of the petitioner college in `No Admission Zone' which prevents the petitioner admitting the students. The contour of controversy rests inter-alia on the lack of qualified teaching staff with the petitioner. The respondent has restrained the petitioner admitting the students interalia without the qualified staff more particularly teachers/professors. The learned counsel for the petitioner during the course of hearing submitted that the petitioner has instructed her that an undertaking on solemn affirmation would be filed to an effect that: (1) the recruitment of qualified staff would be made by the petitioner within three months from this date in terms of the policy of the respondent – university as per UGC norms. (2) the admission of the students would be made subject to the procurement of qualified/eligible recruits by the petitioner, and in the event of failure of the petitioner to make such procurement, the entire fees would be refunded to the students. In the undertaking the petitioner will also state that this fact would be brought to the notice of the students before admission. (3) in the event of petitioner failing to recruit the qualified/eligible staff, a sum of Rs.1.00 lakh already deposited by the petitioner with the respondent – university would not be refundable. However if the petitioner successfully recruits the qualified/eligible staff, the same shall be refunded to the petitioner. (3) in the event of petitioner failing to recruit the qualified/eligible staff, a sum of Rs.1.00 lakh already deposited by the petitioner with the respondent – university would not be refundable. However if the petitioner successfully recruits the qualified/eligible staff, the same shall be refunded to the petitioner. In the event of petitioner's failing to recruit the qualified/eligible staff the students who may loose their admission may suffer; to meet with such situation, learned advocate Mr. Gogda, under the instructions from the respondent – university states that the endeavour would be made to accommodate the students in other nearby colleges. In above view of the matter, on petitioner's filing an undertaking as aforesaid with the university, the university will temporarily suspend `No Admission Zone' qua the petitioner, and in default of the petitioner recruiting the qualified/eligible staff, it will be open for the respondent – university to reiterate the said stand i.e. `No Admission Zone' upon the petitioner. The petitioner shall comply with the undertaking in its letter and spirit. Needless to say that once the petitioner successfully completes the above-said procedure of recruitment, the university will also take up and conclude the further procedure on urgent basis, in accordance with law. With the aforesaid observations, this petition is disposed of.” 18. It appears that after the aforesaid order was passed, the respondent No.3-College was supposed to file an undertaking to recruit the qualified/eligible staff. However, the respondent No.3-College failed to recruit the qualified/eligible staff and therefore the respondent No.2-University had no option but to place the respondent No.3-College in no admission zone. In such circumstances, the respondent No.2-University has complied with the order passed by this Court and thereafter, made sufficient provisions for the students who were admitted by the respondent No.3-College to be accommodated in the other Colleges. However, it appears that the petitioners have shown their willingness to continue with the respondent No.3-College for the reasons best known to them and in spite of the directions being given by the respondent No.2-University to get admission, they have chose not to take such admission in other College. 19. However, it appears that the petitioners have shown their willingness to continue with the respondent No.3-College for the reasons best known to them and in spite of the directions being given by the respondent No.2-University to get admission, they have chose not to take such admission in other College. 19. It is also apparent from the order passed by this Court on 15th February, 2021 wherein, it is clearly provided that “After the examination are conducted, the students will have to opt out of the college-respondent No.3 and secure admissions for the next academic session in their respective subjects in colleges other than the respondent NO.3 college as directed by the University’s communication dated 25.11.2020.” It appears that the petitioners have not paid any heed to such directions given by this Court by securing admission for the second semester in the College other than the respondent No.3-College on the ground that result of exam was not declared. Therefore at this juncture, the petitioners cannot be said to have acted in their own interest and therefore, they have suffered for the action which they have taken by not securing admission in other College in spite of being directed by this Court in the month of February, 2021. If the respondent No.2-University has not declared the results, it is for the petitioners to move the respondent No.2-University immediately for the declaration of the results and could not have waited till August, 2021 for declaration of the result by the respondent No.2-University. The petitioners have also not come before this Court immediately after giving examination raising such issue that they are unable to take admission because of the result being not declared by the respondent No.2-University. In such circumstances, the petitioners cannot be helped in any manner for the inaction on their part. 20. In view of the above facts, the petition is not required to be entertained further. However, the petitioners can get admission in future in the other College in the second semester or as may be required as per the rules of the University and the College. The respondent No.2-University is accordingly, directed to help the petitioners to secure the admission in the College in which the subjects opted by the petitioners-students are being taught within a period of four weeks from the date of receipt of this order. 21. With the aforesaid direction, the petition is disposed of. The respondent No.2-University is accordingly, directed to help the petitioners to secure the admission in the College in which the subjects opted by the petitioners-students are being taught within a period of four weeks from the date of receipt of this order. 21. With the aforesaid direction, the petition is disposed of. Notice is discharged. Order in Civil Applications : In view of the order passed in the Special Civil Application, the Civil Applications stand disposed of.