SCA/7295/1997 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7295 of 1997 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 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 ? ========================================================= MANGHUBHAI R PATEL - Petitioner(s) Versus GUJARAT UNIVERSITY & 3 - Respondent(s) ========================================================= Appearance : MR AD OZA for Petitioner(s) : 1, MRS VD NANAVATI for Respondent(s) : 1, NANAVATI & NANAVATI for Respondent(s) : 2, MR MD PANDYA for Respondent(s) : 3, GOVERNMENT PLEADER for Respondent(s) : 4, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 30/11/2006 ORAL JUDGMENT 1.By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an SCA/7295/1997 2/2 JUDGMENT appropriate writ, order and/or direction restraining the respondent No.2 from acting as Pro-Vice Chancellor and also acting as Vice-Chancellor in absence of Vice- Chancellor of the Gujarat University. It is also further prayed to hold and declare that the appointment of respondent No.2 as Pro-Vice Chancellor of Gujarat University is bad and illegal. 2.Apart from the fact that during the pendency of the present Special Civil Application, the petitioner has expired and even subsequently, during the pendency of the present Special Civil Application, there are other persons appointed as Pro-Vice Chancellor and Vice- Chancellor of the Gujarat University and the respondent No.2 is no more a Pro-Vice Chancellor at present. Under the circumstances, by efflux of time, the present Special Civil Application has become infructuous. So far as prayer in terms of paragraph – 6 (B) is concerned, the same has become academic and therefore, the same is not decided. 3.With these, the present Special Civil Application is disposed of. Rule is discharged. No costs. [M.R.SHAH, J.] kdc