ARYAN KUSHALBHAI TIMBADIA MINOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Letters Patent Appeal is taken out under Clause 15 of the Letters Patent for challenging the order and judgment of learned single Judge dated 10.07.2019 passed in Special Civil Application No.11723 of 2019 on the ground mentioned in memo of the Letters Patent Appeal.

(2.) Facts in brief, as could be gathered therefrom, deserves to be set out as under:

(3.) Learned counsel appearing for the appellant invited Court's attention to few glaring facts to indicate that salutary provision of providing 10% reservation to the economically weaker section, though adopted by the State of Gujarat and implemented, is not translated into the action on the part of the concerned authorities, which has created a situation wherein lot many aspirants like present appellant have been left out and could not avail the benefit envisaged on account of the constitutional amendment. The requisite amendment was carried out and passed on 12.01.2019 and it was implemented w.e.f. 14.01.2019. The State also issued requisite Resolution on 23.01.2019 providing for reservation in the educational institutions and recruitment procedure for 10% reservation to economically weaker section of the society. The appellant was aspiring to be a student in Gujarat National Law University and he in all hopes and aspiration applied on February, the last date of filling up the form was 15.04.2019. Unfortunately, there was no quota reserved or earmarked. The examination was conducted which popularly known as CLAT on 26.05.2019 and the results were out on 14.06.2019. In all these procedures, the absence of reservation to economically weaker section is provided under the latest amendment, in this the aspect was conspicuous. The appellant was in fact require to avail admission in five years' course run by Gujarat Law University, which was kind enough to provide a special selection and admission procedure. The learned single Judge unfortunately did not appreciate this aspect and dismissed the petition. Hence, the Court may pass appropriate orders permitting the appellant to avail an opportunity of admission in Gujarat National Law University at Ahmedabad.