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2012 Supreme(Guj) 438

J.B.PARDIWALA, BHASKAR BHATTACHARYA
VISHAKHA D/O MAHENDRA PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates appeared:
LETTERS PATENT APPEAL No. 921 of 2012
MR. NAVIN PAHWA with MR. R.J. GOSWAMI for Appellant
LETTERS PATENT APPEAL No. 1094 of 2012
MR. Y.N. OZA, SR. COUNSEL with MR. SHIVANG J. SHUKLA for appellant
MR. KAMAL TRIVEDI, ADVOCATE GENERAL with MS. SANGITA VISHEN, ASST. GOVT. PLEADER GOVERNMENT PLEADER for Respondent: 1,
NOTICE SERVED BY D.S. for Respondent: 2

JUDGMENT

BHASKAR BHATTACHARYA, J.

1. These two Letters Patent Appeals were heard together as the points involved in these two appeals are similar.

2. LPA No. 921 of 2012 is at the instance of an unsuccessful writ-petitioner and is directed against an order dated 6th July 2012 passed by a learned Single Judge of this Court in Special Civil Application No. 8925 of 2012 by which His Lordship dismissed the writ-application filed by the petitioner wherein the petitioner prayed for a direction upon the respondent No.1 to give admission to the petitioner in MBBS course for the year 2012-13 on merits and to quash the action of the respondents in denying admission to the petitioner.

2.1 In the other appeal being LPA No. 1094 of 2012, the writ-petitioner is aggrieved by the order dated 11th September 2012 by which the learned Single Judge issued rule nisi making it returnable on 11th September 2012 but no interim relief was granted. In the said writ-application, out of which the present LPA arises, the petitioner prayed for the following relief:

“A. This Hon'ble Court may be pleased to issue a writ of mandamus or a writ in nature of mandamus or any other appropriate writ, order or directions com
























































































































































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