LPA/1862/2007 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 1862 of 2007 In CIVIL APPLICATION No. 13132 of 2006 In SPECIAL CIVIL APPLICATION No. 17900 of 2005 With CIVIL APPLICATION No. 12085 of 2007 And CIVIL APPLICATION No. 1361 of 2008 In LETTERS PATENT APPEAL No. 1862 of 2007 For Approval and Signature: HONOURABLE MS. JUSTICE R.M.DOSHIT HONOURABLE MR.JUSTICE K.M.THAKER ========================================================= 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 ? ========================================================= VARSHABEN G JANI - Appellant(s) Versus LALBHAI DALPATBHAI INSTITUTE OF INDOLOGY & 2 - Respondent(s) ========================================================= Appearance : MR AY KOGJE for Appellant(s) : 1, MR AK CLERK for Respondent(s) : 1 - 2. None for Respondent(s) : 3, ========================================================= LPA/1862/2007 2/4 JUDGMENT CORAM : HONOURABLE MS. JUSTICE R.M.DOSHIT and HONOURABLE MR.JUSTICE K.M.THAKER Date : 12/02/2008 ORAL JUDGMENT (Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) Heard the learned advocates. Feeling aggrieved by the order dated 7th December, 2006 made by the learned Single Judge in above Civil Application No.13132/2006, the applicant has preferred the present Appeal under clause 15 of the Letters Patent. The appellant was appointed as a Lecturer in Indian Culture in the respondent – Lalbhai Dalpatbhai Institute of Indology. Her service came to be terminated for she was found to have secured the employment on the basis of forged credentials. Feeling aggrieved, she has preferred Special Civil Application No.17900/2005 before this Court LPA/1862/2007 3/4 JUDGMENT under Article 226 of the Constitution of India. The said petition has been admitted to final hearing. Pending the petition, the appellant took out above Civil Application No.13132/2006 for production of some further materials and prayed for interim relief against the operation of the order of termination of service. The said Civil Application has been rejected by the learned Single Judge by the impugned order. The learned Single Judge has recorded that the appellant had failed to make out a prima facie case. Therefore, the present Appeal. Before this Court, the appellant has taken out Civil Application No.1361/2008 for permission to produce further materials. It appears that the Civil Application No.13132/2006 was based on the documents which were not placed on the record of the writ petition. In the present Appeal, the appellant seeks to produce more materials. In our opinion, the right course of action should be to amend the writ petition and to place the relevant documents on the record of the writ petition LPA/1862/2007 4/4 JUDGMENT and then to apply for interim relief. In view of the above observation, Mr.Kogje seeks leave to withdraw this Appeal. Leave is granted. Appeal is disposed of as withdrawn. Civil Applications stand disposed of. It is clarified that the appellant-writ petitioner will be at liberty to move the learned Single Judge for permission to amend the writ petition and to place on record the documents which, she intends to rely upon. (Ms. R.M.Doshit, J.) (K.M.Thaker, J.) /moin