SARDAR PATEL UNIVERSITY Vs. MEGHNABEN NILINKANTBHAI PATEL

JUDGEMENT

(1.) This Letters Patent Appeal is filed by Sardar Patel University, appellant/original respondent No.1, against the direction of the learned single Judge of this Court in the Oral Order dated 6th October 1997, rendered in Special Civil Application No.5988 of 1997, whereby, it was directed that the petitioner will approach the University again along with the copies of the aforesaid two notifications today itself and the University will, having regard to the peculiar facts and circumstances of the case and also having regard to the fact that the Principal himself has filed an affidavit admitting the mistake on the part of the college, take a decision in the matter on or before 11th October 1997.

(2.) According to the appellant-University, the aforesaid direction of the learned single Judge is not right in law to correct the internal assessment, since there is no provision for such correction of internal assessment, subsequent to June 1996, and such direction amounts to legislation. The aforesaid direction has been challenged also on the ground that the learned single Judge was not right in law in sitting in appeal over the decision of the University and it was not proper on the part of the learned single Judge to hold that the application of the student was genuine when it was apprehended that both the student and the principal had colluded with each other and particularly the period of 15 days prescribed for applying for rechecking of internal assessment was over and the said application was substantially delayed.

(3.) To understand the controversy, it is proper to set out certain factual aspects.