NITABEN HITESH SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India with regard to the allotment of the students to a registered guide and has prayed for appropriate writ, order or direction to Respondent No.2 - Gujarat University to withdraw the action of registering Respondent No.6 - Minaben Pujabhai Raja as student of Ph.D under the guidance of Respondent No.5 - Dr. Jui Daipany Shah on the grounds stated in the memo of petition.

(2.) The facts of the case briefly summarized are that the petitioner was nominated as a Special Expert in the subject of Home Science for holding GDPI in the Department of Home Science, Gujarat University Ahmedabad for admitting the students for Ph.D degree. The Respondent No.6 had also applied for registration for the Ph.D course in the year 2013 and was registered as Ph.D student. The registration of Respondent No.6 for the Ph.D course was cancelled and the registration of another student was also cancelled and the petitioner was informed accordingly. Thereafter the Respondent No.5 moved an application to the Vice-Chancellor to take Respondent No.6 - Minaben as her student which is granted, which has led to the present petition contending that such an act of granting admission and allotting the students to the Respondent No.5 is arbitrary and illegal and has sought cancellation as stated herein above. It is contended that allotting an student to Respondent No.5 violates Article 14 of the Constitution of India and the reference is also made to the details about the academic performance and the career of both the Respondent and the Petitioner.

(3.) Heard learned Senior Counsel Shri Mehul S. Shah appearing with learned Advocate Shri Hitesh N. Acharya for the petitioner and learned Senior Counsel Shri S.N.Shelat appearing with learned Advocate Mrs. V.D.Nanavati for Respondent No.6 and also learned Advocate Shri Mitul K. Shelat for Respondent No.3 and learned AGP Ms. Asmita Patel for the Respondent State.