SCA/10502/1993 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10502 of 1993 For Approval and Signature: HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN HONOURABLE MR.JUSTICE AKIL KURESHI ========================================================= 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 ? ========================================================= MANAVADAR KELVANI MANDAL - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : MR RD DAVE for Petitioner(s) : 1, GOVERNMENT PLEADER for Respondent(s) : 1, MR JR NANAVATI for Respondent(s) : 2, MR PY DIVYESHVAR for Respondent(s) : 3, MS JIRGA D JHAVERI for Respondent(s) : 3, ========================================================= CORAM : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN and HONOURABLE MR.JUSTICE AKIL KURESHI Date : 11/11/2008 SCA/10502/1993 2/4 JUDGMENT ORAL JUDGMENT (Per : HONOURABLE THE CHIEF JUSTICE MR. K.S.RADHAKRISHNAN) 1. The petitioner Trust has filed this petition challenging the order dated 30.9.1993 passed by respondent No.1 granting affiliation to respondent No.3 for its Girls Arts & Commerce College at Manavadar. 2. The order was passed as back as in the year 1993. Though 15 years have passed but no steps have been taken by the respondents to see that the matter is heard. It is open for respondent No.3 to approach respondent No.1 by making a fresh application and respondent No.1 would consider it in accordance with law. 3. Learned counsel appearing for the petitioner submits that the order dated 30.9.1993 is illegal as required procedures for granting affiliation were not followed. SCA/10502/1993 3/4 JUDGMENT 4. In view of the fact that no steps have been taken for implementation of the order dated 30.9.1993 and no effort was made to see that the matter is heard, we are not inclined to permit implementation of the order at this distant point of time. We, therefore, allow the petition reserving liberty to respondent No.3 to make fresh application to respondent No.1 and it is open for the respondent No.1 to take appropriate decision on the application in accordance with law. 5. In above view of the matter, order dated 30.9.1993 (Annexure J) passed by respondent No.1 and Resolution No.15 dated 12.8.1992 passed by Syndicate of respondent No.2 University are quashed and set aside. Rule is made absolute. No order as to costs. (K.S. Radhakrishnan C.J.) (Akil Kureshi, J.) ... SCA/10502/1993 4/4 JUDGMENT (karan)