NIRAV D BHATT Vs. VICE CHANCELLOR

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India the petitioner has prayed for an appropriate writ, order or direction quashing and setting aside the impugned order/communication of the Registrar, Gujarat Technological University dated 08/05/2012 by which the petitioner is communicated that the representation of the petitioner to grant term of the petitioner for 4th Semester in EC Branch has been rejected and consequently the petitioner will not be permitted to appear in the 4th Semester examination going to be held from 18/05/2012. It is also further prayed for an appropriate writ, order or direction directing the respondents to permit the petitioner to appear in the examination of 4th Semester in EC Branch going to be held on 18/05/2012 considering the petitioner to be present for studies on medical ground.

(2.) It is the case on behalf of the petitioner that the term of the 4th Semester in EC Branch commences from 26/12/2011 to 24/01/2012 (90 working days) and unfortunately the petitioner met with an accident on 27/01/2012 and was admitted in the Civil Hospital at Sola on 28/01/2012 due to which he could not attend the college till 18/27/03/2012. It is also the case on behalf of the petitioner that the petitioner was advised by his Doctor to take rest up to 27/03/2012. It is the case on behalf of the petitioner that due to the above he could not attend the college and could not pursue his studies and, therefore, the term has not been granted on the ground that the petitioner has not attended and/or studied for the requisite days and his presence is less than 75%. It is the case on behalf of the petitioner that the petitioner made the representation dated 17/04/2012 to the respondent-University and despite the same, the same was not decided and, therefore, the petitioner preferred Special Civil Application No. 6614/2012 and the learned Single Judge vide order dated 04/05/2012 directed the respondent-University to take appropriate decision on the representation submitted by the petitioner and to convey the same to the petitioner and, therefore, by the impugned communication the petitioner has been informed/communicated by the Gujarat Technological University that is is not possible to allow the petitioner to appear in the BE 4th Semester. Hence, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India for the aforesaid reliefs.

(3.) Shri Hasit Joshi, learned advocate appearing on behalf of the petitioner has vehemently submitted that the respondent- University has not properly considered the representation made by the petitioner and has not considered the cause for not attending the college by the petitioner. It is submitted that due to the accident and unavoidable circumstances, the petitioner could not attend the college and pursue the studies and, therefore, it is requested to consider the case of the petitioner sympathetically.