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2014 Supreme(Guj) 91

ABHILASHA KUMARI
MONIL PRAKASHCHANDRA THAKKAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
MR SP MAJMUDAR FOR MR PP MAJMUDAR,ADVOCATE for Petitioner No. 1 MR HARDIK SONI, ASST.GOVERNMENT PLEADER for Respondent No. 1 MR AR THACKER, ADVOCATE for the Respondent(s) No. 2 MR DC DAVE, SENIOR ADVOCATE WITH MR PA JADEJA, ADVOCATE for the Respondent No. 3

JUDGMENT

1. Rule. Mr.Hardik Soni, learned Assistant Government Pleader, waives service of notice of Rule for respondent No.1, Mr.A.R.Thacker, learned advocate waives service of notice of Rule for respondent No.2 and Mr.P.A.Jadeja, learned advocate waives service of notice of Rule for respondent No.3.

2. The challenge in this petition, preferred under Article226 of the Constitution of India, is to the action of respondent No.3C.U.Shah Medical College (“the College”, for short), in not returning the original documents of the petitioner. Though the petitioner has prayed for the refund of an amount of Rs.5,00,000/, which was paid as fees for the first semester, this prayer has been given up by the petitioner, as recorded in the order dated 16.12.2013 of this Court.

3. The brief factual background in which the petition has been filed, is as follows :

3.1 The petitioner had enrolled in the Post Graduate course of Master of ENT (Ear, Nose, Throat) with respondent No.2Saurashtra University, on 25.08.2013. After the process of counselling was over, the petitioner was admitted to respondent No.3College, which is affiliated to the Saurashtra University (“the University”, for short). On obtain














































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