Gujarat High Court
Shree Swaminarayan Samaj Seva Trust vs Union Of India on 7 May, 2025
Author: Sunita Agarwal
Bench: Sunita Agarwal
NEUTRAL CITATION
C/SCA/17335/2024 IA ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2025
In
R/SPECIAL CIVIL APPLICATION NO. 17335 of 2024
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SHREE SWAMINARAYAN SAMAJ SEVA TRUST Versus UNION OF INDIA ================================================== Appearance:
MR DHAVAL C DAVE SR. ADVOCATE with UDIT N VYAS(9255) for the PETITIONER(s) No. 1 MR ANKIT SHAH(6371) for the RESPONDENT(s) No. 1 MR HARSHEEL SHUKLA for the RESPONDENT (s) No. 2, 3 ================================================== CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL and HONOURABLE MR. JUSTICE PRANAV TRIVEDI Date : 07/05/2025 IA ORDER (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL) Mr. Harsheel D. Shukla, learned advocate has put in appearance on behalf of respondent nos. 2 and 3.
2. Mr. Dhaval C. Dave, learned Senior Counsel assisted by Mr. Udit N. Vyas, learned counsel for the applicants would submit that the writ petition being Special Civil Application No. 356 of 2025 along with Special Civil Application No. 17335 of 2024 were heard at length and judgment was reserved on 04.02.2025. However before the judgment could be delivered, he has come across the notification dated 16.04.2025, whereunder certain relaxations have been granted. The submission is that with the issuance of the notification Page 1 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon May 12 2025 Downloaded on : Mon May 12 23:17:03 IST 2025 NEUTRAL CITATION C/SCA/17335/2024 IA ORDER DATED: 07/05/2025 undefined dated 16.04.2025 by the National Commission for Homeopathy, the cause of action for challenging the validity of Regulation 5(3)(g) of the Establishment of New Homeopathic Medical Institution (Opening of New or Higher Course of Study or Training and Increase of Intake Capacity by a Medical Institution) Regulations, 2024 does not survive.
3. In view of the above statement made by the learned Senior Counsel for the applicants/original petitioners, we have summoned the record of the writ petitions and posted the matters today. We may also record that though the judgment was reserved on 04.02.2025, but the Bench Secretary has updated the status on the website but has not sent the file to the Private Secretary who undertook dictation to transcribe the order of reserving the judgment. And as such the order dated 04.02.2025 of reserving the judgment could not be uploaded. We have come across this fact today while making inquiry after filing of the present Civil Application, about the order of reserving the judgment.
4. On our query, Mr. Hitesh Mehta, the Bench Secretary concerned has submitted his apology and admitted that it was his inadvertent mistake and assured that he would be more careful in future. We, therefore, desist from taking any action against him by Page 2 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon May 12 2025 Downloaded on : Mon May 12 23:17:03 IST 2025 NEUTRAL CITATION C/SCA/17335/2024 IA ORDER DATED: 07/05/2025 undefined issuing warning to be careful in future and not to repeat such mistakes.
5. Further, in view of the statement made by the learned Senior Counsel and the statements made in the Civil Application, we dismiss both the writ petitions i.e. Special Civil Application No. 17335 of 2024 and Special Civil Application No. 356 of 2025 as infructuous.
The Civil Application is accordingly, disposed of.
(SUNITA AGARWAL, CJ ) (PRANAV TRIVEDI,J) phalguni Page 3 of 3 Uploaded by PHALGUNI PATEL(HC00175) on Mon May 12 2025 Downloaded on : Mon May 12 23:17:03 IST 2025