SCA/4033/1999 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 4033 of 1999 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= VALI MANDAL (TECHNICAL STUDENTS) DIWAN BALLUBHAI & 4 - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR DC DAVE for Petitioner(s) : 1 - 5. MS TRUSHA PATEL, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 25/04/2008 ORAL JUDGMENT 1. The parents of the technical students and the four students themselves through their SCA/4033/1999 2/4 JUDGMENT parents/guardians have filed the present petition for the relief inter alia to direct the respondent State Authorities to withdraw Rule 6.7(a)appearing in the information booklet based on the Government Resolution dated 05.05.1999 and it is prayed that the respondents be directed to administer the admission to the first year engineering course in the State of Gujarat based on Rule 6.6 as was prevailing then. Rule 6.6 read with Rule 6.7(a) provided for entitlement of additional grace marks at the time when the admissions were to be taken in the engineering. 2. In this petition, when the matter was admitted, interim relief was granted in terms of para 9(D), whereby, the respondents were restrained from finalising the admissions to the first year of engineering. It appears that the present Special Civil Application was thereafter heard with Special Civil Application No. 4035/99 and this Court (Coram:R.R.Tripathi,J.) on 25.09.2000, had passed the following order: “In both these petitions, Rule 4(D) (a)introduced by the Govt. Resolution dated 5.5.1999 is under challenge. It is further pointed out that implementation of the aforesaid rule is postponed for three academic years, i.e. 1999-2000 to 2001-2002 by another Govt. Resolution dated 14.06.1999. It is also given out that the Court has already issued rule on 9/10th June 1999 making it returnable on 16th June 1999. Therefore, the both the matters may be SCA/4033/1999 3/4 JUDGMENT listed for final hearing” 3. Thereafter, in Special Civil Application No.4035/99, in other cognate and connected matters, this Court (Coram:M.S.Shah,J.) on 28.06.2001 had passed the following Order: “The petitioners, five in number, are parents of the students who had opted for technical subjects in standards 8, 9 and 10 and all of whom had passed 10th or 12th standard examinations with technical subjects in standards 8, 9 and 10 from C.N. High School, Ahmedabad. The students who have passed Std. 10 with technical subjects were granted some weightage of marks while seeking admissions to the engineering degree courses. That policy came to be modified by the Government Resolution dated 5.5.1999. Contending that the change in policy effected by the said Government Resolution dated 5.5.1999 prejudicially affected the interest of the petitioners' wards, the present petition came to be filed in June, 1999 as the petitioners' wards were seeking admissions to the engineering courses for the academic year 1999-2000. 2. On 10.6.1999 this Court had issued Rule on the petition and fixed it for early final hearing. Till then, ad-interim relief was also granted against the implementation of the said resolution. It, however, appears that during pendency of the petition, the State Government issued another Government Resolution dated 14.6.1999 suspending the implementation of the aforesaid Government Resolution dated 5.5.1999 for a period of three years from 1999-2000 to 2001-2002. 3. Mr Clerk, learned counsel for the petitioners states that in view of the aforesaid developments, the present petition has become infructuous. 4. The petition is accordingly dismissed as infructuous. Rule is discharged with no order as to costs. Ad-interim relief granted earlier stands vacated.” 4. Today, during the course of hearing, learned AGP has placed on record the copy of the Govt. Resolution dated 16.05.2006, whereby by protecting the rights of the students who opted for admission in 8th standard with technical SCA/4033/1999 4/4 JUDGMENT subject in the year 2005-2006, it is resolved by the Government that for the new students, who opted for admission after 2006-2007 the policy to grant grace mark is discontinued. In the above view of the matter, so far as the position as prevailing for admission in the year 1999- 2000 has come to an end and now the policy prevailing by the State Government is as per the Govt. Resolution dated 16.05.2006. The said new policy dated 16.05.2006 is not under challenge. Further, as now the retrospective effect of the decision is not given, and prospective effect is given after 2006-2007, the present petition has become infructuous by afflux of time and due to change in circumstances. 5. Hence, the present petition is disposed of as having become infructuous. Rule discharged. I.R., if any, vacated. (JAYANT PATEL, J.) *bjoy