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2011 Supreme(Guj) 408

ABHILASHA KUMARI
Dalicha Suketu R. – Appellant
Versus
Chairman – Respondent


Advocates:
Appearance :
Mr. Rakesh R. Patel, for the Petitioner No. 1.
Mr. H.S. Munshaw, for the Respondents No. 1 - 3.
Conclusion :
The doctrine of natural justice is not only to secure justice but to prevent miscarriage of justice.
Decided in Favour of :
Petitioner
Petition Allowed

Judgment

Smt. Abhilasha Kumari, J.—Rule. Mr. H.S. Munshaw, learned Counsel waives service of notice of Rule on behalf of the respondents. On the facts and in the circumstances of the case, and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided, today.

2. This petition under Article 226 of the Constitution of India has been preferred against order dated 20.12.2010 passed by Respondent No. 3, whereby the petitioner, who is a student of the 3rd year of General Nursing & Midwifery (Diploma) Course in V.S. General Nursing School, Ahmedabad has been permanently rusticated. Aggrieved thereby, the petitioner has approached this Court by filing the present petition.

3. Briefly stated, the case of the petitioner is that the order dated 20.12.2010, rusticating the petitioner permanently, has been issued without affording the petitioner an opportunity of hearing and without supplying copies of the complaints and other documents that have been taken into consideration while passing the said order. In the affidavit-in-reply filed on behalf of Respondent No. 3, Principal of V.S. General Nursing School, a stand has been taken that seve





























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