IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15873 of 2018 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI ==========================================================

Approved for Reporting Yes No ✓

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BHAVNABEN HIRALAL DHOLU Versus STATE OF GUJARAT & ORS.

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Appearance:

MR SK PATEL(654) for the Petitioner(s) No. 1 MR SHIVANG THACKER WITH MR AMIT GHORPADE FOR MR AR THACKER(888) for the Respondent(s) No. 3 MS.YOGINI H UPADHYAY(6695) for the Respondent(s) No. 4 MR MITUL GAUTAM AGP for the Respondent No.1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 11/03/2026

JUDGMENT

1. Heard learned advocate Mr. Aditya Patel for the petitioner, learned AGP Mr. Mitul Gautam for respondent No.1, learned advocate Mr. Shivang Thacker for respondent No.3, and learned advocate Ms. Yogini Upadhyay for respondent No.4.

2. By way of the present petition, the petitioner has prayed for quashing and setting aside the order dated 30th May, 2018 passed by respondent No.3, whereby the petitioner’s B.H.M.S.

result came to be cancelled on account of alleged fraud. The petitioner has further challenged the order dated 20th August, 2018, whereby the Council of Homeopathic System of Medicine, Gujarat State has cancelled the registration of the petitioner.

3. Learned advocate Mr. Aditya Patel for the petitioner summarized the facts of the petition as under;

3.1. It is the case of the petitioner that after passing the Standard 12^th examination, the petitioner obtained admission in the Bachelor of Homeopathic Medicine and Surgery (B.H.M.S.) course, which is affiliated with Saurashtra University, at B.A. Dangar Homeopathic Medical College, and commenced her studies in the first year.

3.2. It is further the case of the petitioner that the Principal of the college, one Mr. Amitabh Joshi, informed the petitioner that she had been successfully enrolled in the said course. However, nowhere in the petition has the petitioner stated that she appeared in the examination conducted by Saurashtra University, though it is stated that she had studied the first year B.H.M.S. course at B.A. Dangar College.

3.3. On the contrary, it is stated in the petition that after the examination was conducted, the mark sheet was not issued to the petitioner. When the petitioner inquired about the same with the Principal of the college, Mr. Joshi, he informed the petitioner that the mark sheets of the first and second year would be issued together.

3.4. Ultimately, that mark sheet also did not come and therefore, when the petitioner kept insisting upon the said Mr. Joshi, he managed documents like the first year mark sheet of B.R.A. Bihar University and a college leaving certificate/transfer certificate and got the petitioner enrolled in Saurashtra University after submitting those documents without the knowledge of the petitioner.

3.5. Thereafter, the petitioner was enrolled with Saurashtra University, where she successfully completed the course and thereafter started working as a doctor in few hospitals, as stated in the petition.

3.6. It is further the case of the petitioner that it was only in the month of April, 2018 that she learnt that the Principal of B.A. Dangar Homeopathic College had committed fraud. The petitioner came to know about the said fact when a show cause notice dated 10.04.2018 was issued to her, wherein it was stated that the petitioner had indulged in malpractice by securing admission in the first year B.H.M.S. course in the academic year 2012–13 at B.R.A. Bihar University, Muzaffarpur.

3.7. It was further stated that when the mark sheet was sent for verification, the reply received from the said University indicated that the mark sheet was false (marks not issued by the University). The petitioner was therefore called upon to submit her explanation.

3.8 However, the