MALAVKUMAR ARUNBHAI PATEL Vs. SARDAR PATEL UNIVERSITY

JUDGEMENT

(1.) Mr.Baiju S.Joshi, learned counsel for the petitioner, prays for leave to amend the memorandum of the petition and relief clauses (A) and (D). Leave as prayed for is granted.

(2.) By filing the present petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed to issue a writ of mandamus or any other appropriate order or direction to quash and set aside the Notification dated October 4.2000 (Annexure "E") whereby the petitioner has been permanently debarred from appearing in any subsequent examinations of the Sardar Patel University and from seeking admission into any of the courses to be conducted by the University. The petitioner has further prayed for the issuance of a writ of mandamus or any other appropriate writ or direction directing the respondents to declare the result of the papers attempted by the petitioner in the Third Year B.Sc. Examination and further, to take appropriate action against respondent No.3, who was the Observer appointed by the respondent No.1 during the said examinations.

(3.) Rule was issued by this court on November 15,2000 (Coram: R. P. Dholakia,J). Thereafter, this petition has been listed for final hearing before this court today. I have heard Mr. Baiju S.Joshi for Mr.Shirish Joshi, learned counsel for the petitioner and Mr.Mitul Shelat, learned counsel for respondents No. 1 and 2. The Board shows that respondent No.3 is duly represented by counsel but none appears on his behalf. With the consent of parties, the matter is finally heard today.