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
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Appearance:
MR DHAVAL C DAVE SR. ADVOCATE with UDIT N VYAS(9255) for the
MR ANKIT SHAH(6371) for the RESPONDENT(s) No. 1
MR HARSHEEL SHUKLA for the RESPONDENT (s) No. 2, 3
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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
NEUTRAL CITATION
C/SCA/17335/2024 IA ORDER DATED: 07/05/2025
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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
NEUTRAL CITATION
C/SCA/17335/2024 IA ORDER DATED: 07/05/2025
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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
