SCA/3380/1989 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 3380 of 1989 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 ? ========================================================= NAIK HIMANSHU R - Petitioner(s) Versus STATE OF GUJARAT THR' SECRETARY & 1 - Respondent(s) ========================================================= Appearance : MR BP JOSHI for Petitioner(s) : 1 - 35. MR SHUKLA, AGP for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 02/04/2008 ORAL JUDGMENT The petitioners have preferred the petition SCA/3380/1989 2/4 JUDGMENT for appropriate writ or direction to the respondent no.1 for cancellation and withdrawal of the conditions of the execution of bond of Rs.35,000/- by virtue of Government Resolution dated 14th July, 1987 for getting admission in the post-graduate degree course. 2. It appears that when this court (Coram: R.A. Mehta, J.) on 10th May, 1989 considered the matter, following order was passed:- “Rule to be heard with Spl.C.A. No.6979/87. The petitioners state that they do not want to give the bonds and want interim relief that their admissions not to be cancelled on that ground and they are prepared to take consequences of not giving bonds if they fail in the petitions and they will not ask for direction to accept those bonds. In view of this statement and subject to that condition ad-interim relief granted in terms of para 20(C). It is further ordered that in case the petition is ultimately dismissed the petitioners will take the consequences flowing from such dismissal. These petitions are directed to be SCA/3380/1989 3/4 JUDGMENT heard peremptorily on 26th June, 1989 in view of the fact that the uncertainty about the bonds has serious consequences for every one concerned. The candidates who might be willing to give such bonds are not getting admissions and ultimately if such petitions fail these persons who have got admissions and who are occupying the seats will go out and others would not get the benefit. Direct Service permitted.” 2.1 Therefore, it appears that the interim relief was granted in terms of para 20(C) whereby the implementation of the Resolution dated 14th July, 1987 qua the petitioners was stayed. 3. The petitioners, under the interim orders, by now must have completed admission as back as in the year 1991. No material is available on record to show as to whether the petitioners were granted admission and if granted, whether they have passed the examination or they have failed. Therefore, no useful purpose would be served in examining the questions which are raised in the present petition. 4. Therefore, no further orders are required to be passed except observing that the petition has become infructuous by efflux of time. It is made clear that all contentions which are raised in this petition shall not get concluded by the disposal of SCA/3380/1989 4/4 JUDGMENT the present petition. 5. Subject to the aforesaid observations and directions, the petition is disposed of. Rule made absolute accordingly. No order as to costs. ( Jayant Patel, J. ) hki