Gujarat High Court
LPA/1574/1998 of DEAN OF B. J. MEDICAL COLLEGE Vs BIJUBEN MATHIBHAI DAMOR on 20 November 2003
HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No 1574 of 1998 in SPECIAL CIVIL APPLICATION No 9392 of 1998 with SPECIAL CIVIL APPLICATION No 9392 of 1998 For Approval and Signature: HON'BLE MR.JUSTICE R.K.ABICHANDANI and HON'BLE MR.JUSTICE D.A.MEHTA
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS PATENT APPEAL No 1574 of 1998
in
SPECIAL CIVIL APPLICATION No 9392 of 1998
with
SPECIAL CIVIL APPLICATION No 9392 of 1998
For Approval and Signature:
HON'BLE MR.JUSTICE R.K.ABICHANDANI
and
HON'BLE MR.JUSTICE D.A.MEHTA
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1. Whether Reporters of Local Papers may be allowed : NO to see the judgements? 2. To be referred to the Reporter or not? : NO 3. Whether Their Lordships wish to see the fair copy : NO of the judgement? 4. Whether this case involves a substantial question : NO of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder? 5. Whether it is to be circulated to the concerned : NO Magistrate/Magistrates,Judge/Judges,Tribunal/Tribunals? -------------------------------------------------------------- THE STATE OF GUJARAT & ANOTHER Versus BIJUBEN MATHIBHAI DAMOR
-------------------------------------------------------------- Appearance:
MR AJ DESAI, AGP for the Appellant
MR JV BHAIRAVIA, Advocate for the Respondent
-------------------------------------------------------------- CORAM : HON'BLE MR.JUSTICE R.K.ABICHANDANI
and
HON'BLE MR.JUSTICE D.A.MEHTA
ORAL JUDGEMENT
(Per : HON'BLE MR.JUSTICE R.K.ABICHANDANI)
#. The appellants have challenged the judgment and order of the learned Single Judge made on 25.11.1998, allowing the petition of the respondent and directing the appellants to give admission to the respondent's daughter Foramben in the Ist M.B.B.S. course, being a candidate of Scheduled Tribes category, for the academic year 1997-98 on the reserved category of Scheduled Tribes candidates. When the appeal was admitted, interim stay of the impugned order was granted on 22nd February, 1999 by the order made on Civil Application No. 661 of 1999. Therefore, the impugned order of the learned Single Judge directing the appellants to give admission to the respondent's daughter in the Ist M.B.B.S. course for the academic year 1997-98, never operated.
#. Today, when the appeal is called out, it is stated on behalf of the respondent that the respondent's daughter is no more interested in the proceedings having regard to the fact that at the relevant time, the direction to give admission to her was stayed and, therefore, the petition being Special Civil Application No. 9392 of 1998 itself is not now pressed.
#. In this view of the matter, Special Civil Application No. 9392 of 1998 stands disposed of as not pressed and the impugned order of the learned Single Judge will, therefore, not survive. This Letters Patent Appeal stands disposed of accordingly with no order as to costs.
����[R.K. ABICHANDANI, J.]
����[D.A. MEHTA, J.]
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