Citation : 2021 Latest Caselaw 2607 Guj
Judgement Date : 18 February, 2021
C/LPA/228/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 228 of 2021
In R/SPECIAL CIVIL APPLICATION NO. 20824 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 228 of 2021
With
R/LETTERS PATENT APPEAL NO. 221 of 2021
In SPECIAL CIVIL APPLICATION NO. 21102 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 221 of 2021
In SPECIAL CIVIL APPLICATION NO. 21102 of 2019
With
R/LETTERS PATENT APPEAL NO. 222 of 2021
In SPECIAL CIVIL APPLICATION NO. 21105 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 222 of 2021
In SPECIAL CIVIL APPLICATION NO. 21105 of 2019
With
R/LETTERS PATENT APPEAL NO. 229 of 2021
In SPECIAL CIVIL APPLICATION NO. 9994 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 229 of 2021
In SPECIAL CIVIL APPLICATION NO. 9994 of 2020
With
R/LETTERS PATENT APPEAL NO. 230 of 2021
In SPECIAL CIVIL APPLICATION NO. 11779 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 230 of 2021
In SPECIAL CIVIL APPLICATION NO. 11779 of 2020
With
R/LETTERS PATENT APPEAL NO. 231 of 2021
In SPECIAL CIVIL APPLICATION NO. 23189 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 231 of 2021
In SPECIAL CIVIL APPLICATION NO. 23189 of 2019
With
R/LETTERS PATENT APPEAL NO. 232 of 2021
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C/LPA/228/2021 ORDER
In SPECIAL CIVIL APPLICATION NO. 23196 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 232 of 2021
In SPECIAL CIVIL APPLICATION NO. 23196 of 2019
With
R/LETTERS PATENT APPEAL NO. 233 of 2021
In SPECIAL CIVIL APPLICATION NO. 23241 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 233 of 2021
In SPECIAL CIVIL APPLICATION NO. 23241 of 2019
With
R/LETTERS PATENT APPEAL NO. 234 of 2021
In SPECIAL CIVIL APPLICATION NO. 20841 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 234 of 2021
In SPECIAL CIVIL APPLICATION NO. 20841 of 2019
With
R/LETTERS PATENT APPEAL NO. 235 of 2021
In SPECIAL CIVIL APPLICATION NO. 431 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
In R/LETTERS PATENT APPEAL NO. 235 of 2021
In SPECIAL CIVIL APPLICATION NO. 431 of 2021
With
R/CIVIL APPLICATION NO. 518 of 2021
==========================================================
SURELA ZARNA NARESHBHAI
Versus
UNION OF INDIA
==========================================================
Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE WITH MR HEMANG M SHAH(5399) for
the Appellant(s) No. 1,2,3,4,5,6
MR SIDDHARTH DAVE for Respondent No.1
MR KM ANTANI for Respondent No.3
MR PREMAL JOSHI for Respondent No.5
MR DHARMESH DEVNANI, AGP for Respondent No.6
for the Respondent(s) No. 1,2,3,4,5,6
==========================================================
CORAM: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
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C/LPA/228/2021 ORDER
Date : 18/02/2021
COMMON ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)
1. We have heard Shri Shalin Mehta, learned Senior Advocate assisted by Shri Hemang Shah, learned counsel for the appellants, Shri Siddharth Dave, learned counsel representing respondent No.1, Shri K.M.Antani, learned counsel representing respondent No.3, Shri Premal Joshi, learned counsel representing respondent No. 5 Gujarat Ayurved University and Shri Dharmesh Devnani, learned Assistant Government Pleader for the State respondent No.6.
2. Shri Mehta prays for and is granted a week's time to place further materials before the Court in support of his submission that the judgment of the Supreme Court dated 20.02.2020 reported in 2020 (8) SCALE 177, Union of India vs. Federation of Self financed Ayurvedic Colleges Punjab and others, squarely applies to the present bunch of appeals. Let these matters be placed on top of the Board to be taken up at 11.00 a.m. on 25.02.2021.
3. The interim protection provided by the learned Single Judge while dismissing the petition will continue till 25.02.2021 i.e. the next date fixed. Shri Mehta submits that the examinations are in progress, however, despite the interim protection provided by the learned Single Judge which is operative till today, the students are not allowed to write the examinations. Shri Joshi will ensure that
C/LPA/228/2021 ORDER
all those students who are eligible to appear in the examination will be allowed to write the examination. Shri Mehta also submits that he would not claim any equity on the strength of the interim order that is being passed today, if ultimately the appeals fail.
(VIKRAM NATH, CJ)
(ASHUTOSH J. SHASTRI, J) GAURAV J THAKER
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