JEET PATEL Vs. GUJARAT TECHNILOGICAL UNIVERSITY

JUDGEMENT

(1.) Learned Advocate for the petitioner, in Special Civil Application No.13441 of 2011, has prayed for leave to correct the cause -title of the petition so as to reflect the correct name of the University. Leave to amend the cause -title accordingly, is granted.

(2.) Rule was issued on 19.10.2011 in both the petitions. It is stated by learned Counsel for the petitioners that respondent No.2 has been served with notice of Rule and the affidavit of service shall be filed in the Registry by tomorrow. However, none have put in an appearance on behalf of respondent No.2 in each petition, even after service of notice. In any case, no relief has been sought against the said respondent, who is a formal party. On the facts and in the circumstances of the case, and with the consent of the learned Advocates for the respective parties, the petitions are being heard and finally decided by a common judgment.

(3.) By preferring these petitions under Article 226 of the Constitution of India, the petitioners have, interalia, prayed for the issuance of an appropriate writ, order or direction, quashing and setting aside order dated 27.07.2011 passed by the respondent No.1 - Gujarat Technological University, whereby, the results of the petitioners in all the subjects of the current Semester examination have been cancelled, and they have been debarred from appearing in the next two summer/winter examinations, to be conducted by the respondent - University. It has further been prayed that the Circular dated 03.11.2010 issued by the respondent - University, on the basis of which the punishment has been imposed, be quashed and set aside.