M R PARIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) xxx xxx xxx

(2.) xxx xxx xxx

(3.) when the representation has not been decided, it was not open to the respondents to effect recovery and therefore the order of recovery deserves to be quashed and set aside. He submitted that the recovery is infact essentially sought to be effected on account of his undertaking given to the Court and therefore when the Division Bench of this Court directed the respondent State as well as the University to consider his representation it was not open to the respondent to straightaway order recovery without disposing of the representation. In other words the direction issued by this Court in Letters Patent Appeal has remained non -complied.