SCA/10632/2000 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 10632 of 2000 With SPECIAL CIVIL APPLICATION No. 10413 of 2000 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 ? ========================================================= SHIRLEY VASUDEV SAMTANI - Petitioner(s) Versus STATE OF GUJARAT & 2 - Respondent(s) ========================================================= Appearance : NOTICE SERVED for Petitioner(s) : 1, MS TRUSHA PATEL, AGP for Respondent(s) : 1, 3, MRS VD NANAVATI for Respondent(s) : 2, MR MITUL K SHELAT for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 28/03/2008 ORAL JUDGMENT SCA/10632/2000 2/3 JUDGMENT 1. Special Civil Application No. 10632 of 2000 is preferred by the petitioner student for seeking admission in the academic year of 2001 on the ground that admission for the academic year of July 2000 in the course of MBA in B.K.School of Management, which is under the control of Gujarat University, the eligibility criteria be relaxed by directing to admit the petitioner. 2. It appears that no interim orders were passed except for fixation of the final hearing. 3. Special Civil Application No. 10413 of 2000 is a petition preferred by Gujarat University for challenging the decision dated 11.09.2000 passed by the Commissioner for disabilities under Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, whereby the direction was given to the University to grant admission to the petitioner in MBA Programme of July 2000. 4. It appears that in the present petition, when this Court admitted the petition, directed the University to keep one seat vacant in the MBA Course for the academic year of 2000-2001 under the general category and the matter was directed to be listed for final disposal on 16.10.2000. Thereafter, the matter was listed, but for on reason or the another, it has not been finally heard. 5. In the above view of the matter, it appears that SCA/10632/2000 3/3 JUDGMENT neither the student concerned who is the petitioner of Special Civil Application No. 10632/00 has been granted admission nor the University would have been in a position to utilise the seat. Further, such educational period of MBA, had the admission granted also would have been over upon the completion of 2 years. Therefore, the seat has also lapsed, which was ordered to be kept vacant. The petitioner of Special Civil Application No. 10632/00 has also not come forward for raising the grievance. 6. Under these circumstances, it appears that no useful purpose would be served in deciding the larger issue for academic purpose on the ground that whether physically disabled person would be eligible to get admission on reserved quota or that the relaxation in the eligibility criteria should be made by the University for physically disabled person so as to make room for reserved quota or not. 7. Hence, keeping all questions open, both the petitions are disposed of as having become infructuous. Rule discharged. I.R. vacated. (JAYANT PATEL, J.) *bjoy