CHITAN JAYESHKUMAR UPADHYAY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. The learned advocate appearing on behalf of respondents is directed to waive service. The group of petitions is taken up for final hearing and disposal today in light of the fact that in identical fact situation this Court has already decided the matter vide Judgment dated 27. 09. 2007.

(2.) THE petitioners have challenged order dated 31. 07. 2007 made by respondent No. 3- Board followed by order dated 31. 08. 2007 made by the same respondent to the extent of reducing the quantum of punishment inflicted on the petitioners. The petitioners who are students of Diploma Course took examinations in the month of May, 2007. Vide show cause notice issued on 27. 06. 2007 the petitioners were called upon to tender explanation in relation to alleged malpractice indulged in by the petitioners during examinations held on 14. 06. 2007. Thereafter, after granting an opportunity of hearing to the petitioners, the impugned orders have been made.

(3.) IT is an accepted position between the parties that the facts and circumstances in the present petitions are identical to those which obtained in case of Minor Mitul Manilal Patel V/s. The State of Gujarat in Special Civil Application No. 19509 of 2007. Hence, it is not necessary to set out the facts and contentions in detail. Suffice it to state that there is no distinguishing feature in the facts of the present cases and the facts of earlier matter.