GUJARAT UNIVERSITY Vs. MEGHA BHUPENDRA KUMAR GOSWAMI

JUDGEMENT

(1.) This Latters Patent Appeal has been preferred by the Gujarat University (hereinafter referred to as 'the University') against the order and judgment dated 13th June, 2011 passed by the learned Single Judge, whereby the learned Single Judge allowed the writ petition and directed the appellant-University to give effect to the marks revised upon re-assessment of the paper of 'Oral' Pathology and Microbiology' of the first respondent-writ petitioner and declare her to have passed such examination with all necessary consequences thereof. Consequently, the first respondent-writ petitioner shall be, as far as practicable, facilitated in appearing for the examination of the Fourth Year of her course.

(2.) When the appeal was taken up and heard at length by the Division Bench, it had noticed that a Division Bench decision of this Court dated 28-11-1983 passed in Special Civil Application No. 3516 of 1983, which was relied upon by Mr. S. N. Shelat, learned Senior Counsel appearing for the University. In the said case, Rule 9 of the Rules relating to Assessment of answer book, which fell for consideration, was upheld by the Division Bench, which in its opening paragraph of the judgment observed as follows :

(3.) Rule 9 which fell for consideration before the Division Bench in Special Civil Application No. 3516 of 1983 (Jabarkhan J. Pathan v. Gujarat University) has not been quoted in the judgment nor any document has been brought on record of the University to suggest as to which was the Rule 9 which fell for consideration before the Division Bench. On an oral statement made by Mr. Shelat that the same very Rule fell for. consideration, which is the subject-matter of the present appeal, the Division Bench referring to me present Rule 11 doubted the observation as made by the Division Bench and quoted above, and thereby, referred to matter for consideration by a Larger Bench.