LPA/699/2005 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 699 of 2005 In SPECIAL CIVIL APPLICATION No. 5150 of 2005 With LETTERS PATENT APPEAL No. 700 of 2005 In SPECIAL CIVIL APPLICATION No. 2214 of 2005 With LETTERS PATENT APPEAL No. 701 of 2005 In SPECIAL CIVIL APPLICATION No. 5225 of 2005 With CIVIL APPLICATION No. 4288 of 2005 In LETTERS PATENT APPEAL No. 699 of 2005 With CIVIL APPLICATION No. 4287 of 2005 In LETTERS PATENT APPEAL No. 700 of 2005 With CIVIL APPLICATION No. 4289 of 2005 With CIVIL APPLICATION NO.5272 OF 2005 With CIVIL APPLICATION NO. 5061 OF 2005 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 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 ? ========================================= = NISHARG P SHAH Versus LPA/699/2005 2/3 JUDGMENT GUJARAT UNIVERSITY AND OTHERS ========================================= = Appearance : MR MIHIR H JOSHI, SR. Advocate with MR MRUGEN K PUROHIT for the Appellant MRS VD NANAVATI for Respondent No.1 MR TUSHAR MEHTA, Sr. Advocate with MR KETAN D SHAH for Respondent No.2 NOTICE SERVED BY DS for Respondent No.3 MR BHASKAR P TANNA, Sr. Advocate WITH MR NIKHIL S KARIEL on behalf of TANNA ASSOCIATES for Respondent No.4 ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 02/09/2008 COMMON ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) 1. Heard the learned counsel for the parties. 2. These appeals arising out of common judgment dated 13.5.2005. Having heard learned counsel for the parties and in view of the peculiar fact situation that the appellants, i.e. the students, are prosecuting their studies at present, we deem it fit to dispose of these group of appeals with the following directions: a) The judgment of the learned Single Judge is modified to the extent that the appellants in Letters Patent Appeal Nos.699, 700 and 701 of 2005 are permitted to continue their studies in the Kesar Sal Medical College and Research Institute. It is further directed that the said appellants shall be enrolled with the Gujarat University. The admissions of the said students will be final. b) The judgment of learned Single Judge is confirmed LPA/699/2005 3/3 JUDGMENT except the observation against the Kesar Sal Medical College and Research Institute, which may be treated as expunged. c) In the peculiar facts of this case, the Kesar Sal Medical College and Research Institute is hereby directed to pay Rs.10,00,000/- (Rupees Ten Lakhs). The amount is to be apportioned as follows: I) Rs.5,00,000/- (Rupees Five Lakhs) shall be deposited with the 'Rogi Kalyan Samiti', Ahmedabad Rural, for treatment as welfare of poor patients. II) Rs.5,00,000/- (Rupees Five Lakhs) shall be paid to the 'Poor Boys Fund', B.J. Medical College, Ahmedabad, to help poor and needy students studying in the said College. 3. With the aforesaid observations, all the Letters Patent Appeals are disposed of. ORDER IN THE CIVIL APPLICATIONS : In view of the judgment and order passed in Letters Patent Appeal Nos. 699 of 2005, 700 of 2005 and 701 of 2005, the present Civil Applications do not survive and are disposed of accordingly. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar