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2019 Supreme(Guj) 25

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J.B. PARDIWALA, J.
ADITYA DAYANAND TARE - Appellant
Vs.
UNION OF INDIA - Respondent
Special Civil Application No. 6537 of 2018
Decided On : 11-01-2019

Advocates Appeared:
K.M. Patel, Adv., Bhushan B. Oza, Adv., Devang Vyas, Adv., Mitul K. Shelat, Adv.

Headnote:

Writ petition - Education - Writ applicant is a student - He claims to be physically handicapped-hearing impaired to the extent of 64% - Writ applicant passed his JEE Mains and Advanced Examination necessary for the purpose of securing admission in the Indian Institute of Technology - Writ applicant was successful in securing the admission on the seat reserved for the physically handicapped candidates on the basis of his score in the JEE Mains and Advanced exam result - Held, Having regard to the materials on record, prima facie, it appears to me that the writ applicant is not able to cope up with the pressure of studies - There could be many reasons for this problem - Court is also not disputing the fact that the writ applicant is handicapped-hearing deficient by 64% - At the same time, he is a very promising sportsman - Court is told that the writ applicant is a very good tennis player - Court is of the view that if he remains close to his family, then the family can keep a watch over all his movements and problems including his studies - Ordered accordingly. (Para 12)

JUDGMENT

J.B. Pardiwala, J.

Almost three decades back, the Supreme Court poetically voiced its concerned in the case of Controller of Examinations v. G.S. Sunder reported in, (1992) 2 GLH 140, against the vice of copying at the examination and described the unhealthy practice as poisonous weeds in the field of education which needs to be rooted out in order that the innocent and the intelligent students do not suffer. In para 10 of the judgment the Supreme Court expressed as under:

"The hour has come when we must clear the educational fields from poison arid from fear; we must remould our standards build them higher, And clear the air as though by cleansing fire Weed out the damning traitors to education, Restore her to her ancient place of awe."

2. This we should do so that posterity does not blame us and learning is not ridiculed.

3. By this writ application under Article 226 of the Constitution of India, the writ applicant, a student pursuing his studies in engineering with the respondent No.2-Institute has prayed for the following reliefs;

"(A) To issue a writ of mandamus or a writ in the nature of mandamus, or any other appropriate writ, order or direction, quashing and setting aside order dated 27.12.2017 passed by the respondent No.2 suspending petitioner for two semesters during Dec.2017 Nov.2018 and directing petitioner to undertake 150 hours of rigorous social service or community work for the reasons stated in the Memo of Petition and in the interest of justice.

(B) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, quashing and setting aside order dated 9.4.2018 passed by the respondent no.2 suspending petitioner for two semesters during Dec.2017-Nov.2018 and directing petitioner to undertake 100 hours of rigorous social service or community work and also directing the petitioner to vacate hosted accommodation and further be pleased to permit the petitioner to appear in the end semester examination starting from 23.4.2018 for the reasons stated in the Memo of Petition and in the interest of justice.

(C) To issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent nos. 2 & 3 to permit the petitioner to appear in the end semester examination starting from 23.4.2018 pending the final disposal of the appeal filed by the petitioner before respondent no.3 and subject to the final ou8tcome of the said appeal for the reasons stated in the Memo of Petition and in the interest of justice.

"34(CC) To issue a writ of mandamus or a writ in the nature of mandamus, or any other appropriate writ, order or direction, quashing and setting aside the report dated 21.5.2018 of Senate Students Affairs Committee (Annexure-R2/6) and the order rejecting the appeal for the petitioner for the reasons stated in the Memo of Petition and in the interest of justice.

(D) Pending admission, hearing and final disposal of this petition, to direct the respondent nos. 2 & 3 to permit the petitioner to appear in the end semester examination from 24.4.2018 and to permit the petitioner to appear in the examination for the subject Fluid Mechanics dated 23.4.2018 in the makeup examination to be conducted by the respondent nos. 2 & 3 on 30.4.2018 and 1.5.2018 and permit the petitioner to stay in the hostel accommodation pending the final disposal of the appeal before the respondent no.3 34(DD) Pending admission, hearing and final disposal of this petition, to direct the respondent nos. 2 & 3 to permit the petitioner to appear in the end semester examination and to permit the petitioner to appear in the examination for all subject in the makeup examination to be conducted by the respondent nos. 2 & 3 or to conduct special examination for the petitioner.

(E) To grant ad-interim relief in terms of Para-34(B).

(F) The Hon'ble












































































































































































































































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