Jani Bhagya Harshadbhai vs The Registrar, Gujarat ...
2021 Latest Caselaw 14962 Guj

    C/LPA/845/2021                         ORDER DATED: 23/09/2021



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/LETTERS PATENT APPEAL NO. 845 of 2021

        In R/SPECIAL CIVIL APPLICATION NO. 4549 of 2019
                              With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
          In R/LETTERS PATENT APPEAL NO. 845 of 2021
==============================================================
                    JANI BHAGYA HARSHADBHAI
                             Versus
                THE REGISTRAR, GUJARAT UNIVERSITY
==============================================================
Appearance:
AMITKUMAR B PARMAR(8618) for the Appellant(s) No. 1
MR JIGAR D DAVE(6528) for the Appellant(s) No. 1
for the Respondent(s) No. 1,2,3,4,5
==============================================================
 CORAM:HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE
         R.M.CHHAYA
         and
         HONOURABLE MR. JUSTICE BIREN VAISHNAV
                    Date : 23/09/2021
                      ORAL ORDER

(PER : HONOURABLE THE ACTING CHIEF JUSTICE MR. JUSTICE R.M.CHHAYA)

1.0. Heard Mr. Jigar Dave, learned advocate for appellant and Mr. S.N. Shelat, learned Senior Counsel assisted by Mr. Vikas Nair, learned advocate for the respondent University.

2.0. Feeling aggrieved and dissatisfied with the common judgment and order dated 09.10.2019 passed in Special Civil Application No.4549 of 2019 by the learned Single Judge, the appellant- original petitioner has preferred this intra Court appeal under Clause 15 of the Letters Patent. The learned Single Judge after considering the submissions made which are in fact are reiterated before us in this appeal has observed thus:

"7.0. In view of the above submissions made by the

C/LPA/845/2021 ORDER DATED: 23/09/2021

learned advocate Ms. Nanavaty, the Court is of the opinion that the present petitions do not require any further consideration. It is expected that the committee that may be constituted by the University to look into the grievances of the petitioners against the respondent No. 4 on the report of fact finding committee, shall look into the issues and submit the report in accordance with law, and that the Academic Council and / or the Executive Council, as the case may be, shall take appropriate decision thereon in accordance with law."

3.0. Mr. Jigar Dave, learned advocate for appellant and Mr. S.N. Shelat, learned Senior Counsel assisted by Mr. Vikas Nair, learned advocate for the respondent University have pointed out that the Committee as directed has already been constituted in the year 2019 and according to Mr. Dave, learned advocate, the appellant has already submitted necessary documents before the said Committee. Mr. Dave, learned advocate however submits that Committee has not yet decided the issues. Considering the prevailing Covid-19 situation, no fault can be found of the Committee for not deciding the issues which have been referred to.

4.0. Now, when Committee is already constituted, no interference is called for. The appellant shall appear before the Committee and take all contentions available under law. The Committee shall decide the same in accordance with law keeping in mind the observations made by the learned Single Judge. We are also in total agreement with the

C/LPA/845/2021 ORDER DATED: 23/09/2021

observations made by the learned Single Judge in para 5 & 6 of the judgment and even while not interfering with the impugned judgment and order, we direct the Committee so constituted by University to complete the proceeding and give its report latest by 30.11.2021 subject to cooperation from the appellant. Any further submission by way of documentary evidence may be produced by the appellant before the said Committee latest by 4.10.2021. The Committee shall decide the issue before it in accordance with law. The appeal is not entertained on merits. The same stands disposed of accordingly.

As the appeal is disposed of, connected Civil Application also stands disposed of.

(THE ACTING CHIEF JUSTICE R.M.CHHAYA, J)

(BIREN VAISHNAV, J) KAUSHIK J. RATHOD