Zeelkuvar Vijaysinh Chhapiya vs State Of Gujarat
2021 Latest Caselaw 6148 Guj

       C/LPA/131/2021                              ORDER DATED: 16/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/LETTERS PATENT APPEAL NO. 131 of 2021

            In R/SPECIAL CIVIL APPLICATION NO. 13058 of 2020

==========================================================
                        ZEELKUVAR VIJAYSINH CHHAPIYA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR CHETAN K PANDYA(1973) for the Appellant(s) No. 1
MS NISHA THAKORE, AGP for the Respondent(s) No. 1
MR DHAVAL DAVE, SENIOR COUNSEL WITH MR PA JADEJA(3726) for
the Respondent(s) No. 4
NOTICE SERVED(4) for the Respondent(s) No. 3
MR VIKAS V NAIR(7444) for the Respondent(s) No. 2
==========================================================

     CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
           VIKRAM NATH
           and
           HONOURABLE MR. JUSTICE BIREN VAISHNAV

                               Date : 16/06/2021

                                ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH)

1. We have heard Mr. Chetan Pandya, learned counsel for the appellant, Mr. Dhaval Dave, learned Senior Counsel assisted by Mr. P.A. Jadeja, learned counsel for the respondent university (Respondent no.4), Ms. Nisha Thakore, learned AGP for the State respondents and Mr. Vikas Nair, learned counsel for respondent no. 2.

2. The learned Single Judge vide judgment and order dated 21.12.2020 had disposed of two Special Civil Applications bearing Nos. 12248 of 2020 and 13058 of 2020. Both the petitions were dismissed. The writ petitioner of Special Civil Application No. 12248 of 2020

C/LPA/131/2021 ORDER DATED: 16/06/2021

preferred Letters Patent Appeal No. 72 of 2021 which was dismissed on 08.02.2021 by the Division Bench of this Court. Although the Division Bench had not approved the conduct of the university whereby the appellant had suffered, but nevertheless, in the facts of the case that all the 25 seats of the programme of M.Sc Forensic Biotechnology had been filled and the course had commenced from 02.11.2020, the court recorded that nothing further could be done. Learned counsel for the respondent university has placed reliance upon the said order of the Division Bench dated 08.02.2021 and has submitted that the appeal having been dismissed against the common order of the learned Single Judge, the present appeal also deserves to be dismissed.

3. Mr. Chetan Pandya, learned counsel for the appellant submitted that the writ petitioner of Special Civil Application No. 13058 of 2021 had applied for a different course i.e. M.Sc Forensic Science and there are more number of seats, 113 in number, for the said course. It is further submitted that till the date the petition was filed and the judgment was delivered, only ninety two seats had been filled up as per the affidavit of the University. Today, before us Mr. P.A Jadeja, learned counsel appearing for respondent no. 4 university, upon instructions, has stated that all the 113 seats have been filled up after applying the waiting list, the course commenced from 02.11.2020 and is now at the stage of completion of the term.

4. In view of the above, apparently no relief can be granted to the present appellant also. We, however, endorse the view of the co-ordinate bench that on account of the conduct of the University the appellant therein had suffered and so much so the present appellant also. We observe that the University should be careful in handling such delicate issues so that no student suffers because of the fault of the University or its officers in future.

C/LPA/131/2021 ORDER DATED: 16/06/2021

5. With the aforesaid observations, the present appeal also stands dismissed. Civil Application, if any, also stands disposed of.

(VIKRAM NATH, CJ)

(BIREN VAISHNAV, J) DIVYA