DHRUVMAN V MEHTA Vs. GUJARAT UNIVERSITY

JUDGEMENT

(1.) The short question which has arisen in this petition under Article 226 of the Constitution is as to whether the petitioner is entitled to refund of the amount of late fees collected by the respondent university for the examinations held in 1981.

(2.) The petitioner was intending to pursue and prosecute this petition for himself and also in a representative capacity with the permission of this court against the alleged illegal action of the respondent-university. It appears from the record that Rule is issued only against the respondents and no permission is accorded to the petitioner to pursue also in a representative capacity.

(3.) This matter came to be filed on 17.8.1981. Thus it is 13 years old matter. None appeared for and on behalf of the petitioner when the matter was called out today. This matter is notified in the final hearing board which commenced on 22.8 Since then this matter was called out time and again but none has appeared for and on behalf of the petitioner. Therefore in the larger interest of justice instead of dismissing the matter for default this court has thought it expedient to decide the matter on merits after examining the papers and record of the present case. None was also present when the matter was called out for and on behalf of the respondents.