SCA/5602/1995 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 5602 of 1995 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 ? ========================================================= HARISHBHAI PREMJIBHAI KAKLOTTAR - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : NOTICE SERVED for Petitioner(s) : 1, MS TRUSHA PATEL, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 01/04/2008 ORAL JUDGMENT The present petition is preferred by the petitioner for quashing and setting aside the action of the respondents of denying admission to the petitioner to Diploma in A.T.D.C. by not granting SCA/5602/1995 2/4 JUDGMENT exemption to the petitioner in the first year of Foundation Course of Diploma in A.T.D.C. It is also prayed by the petitioner to declare that the petitioner is entitled to get admission in the Second year of Diploma in A.T.D. course. 2. When this court considered the matter on 24th July, 1995, this court [Coram: S.M. Soni, J. (as he then was)] passed the following order:- “Despite notice, learned In-Charge G.P. states before the court that he is not ready to go on with the matter on the ground that he has not got the papers with him, as his office did not circulate the papers to him. In this case, notice was made returnable on 17.7.95. On that day, it was adjourned to 21.7.95 and then it is placed today. Despite these adjournments, office of the Government Pleader did not place papers in stand of G.P. and G.P. is not ready to go on with the matter on the grounds mentioned above. Hence, there is no alternative with this court but to issue 'Rule'. Ad-interim relief in terms of para 15(C). D.S. Permitted.” 2.1 Therefore, by interim order, the respondent SCA/5602/1995 3/4 JUDGMENT authorities were directed to forthwith grant admission to the petitioner in the Second year of Diploma in A.T.D.C. 3. It appears that more or less in a similar situation, various other Benches of this court have passed the order in Special Civil Application Nos.13584 of 1994, 7592 of 1994, 8999 of 1994, 8189 of 1990 and others and such orders are already produced in the record of the present proceedings. Therefore, in view of the aforesaid various orders and the decisions of this court, even otherwise also, the petitioner was entitled for exemption in the foundation course and the same was so ordered by this court on 24th July, 1995. 4. By now, the petitioner concerned not only must have completed the admission but the period of academic year is also over. 5. Under these circumstances, as the issue is governed by the various above referred decisions of this court which are part of the record of these proceedings, it is observed that the petitioner was entitled to admission in the Second year of Diploma in A.T.D.C. and as he was granted admission pursuant to the orders passed by this court, no further orders are required to be passed. The petition is partly allowed to the aforesaid extent. Rule made absolute accordingly. No order as to costs. SCA/5602/1995 4/4 JUDGMENT ( Jayant Patel, J. ) hki