SHITAL POPATLAL PANDYA Vs. VICE CHANCELLOR GUJARAT UNIVERSITY

JUDGEMENT

(1.) We have heard learned Counsel Mr. Hitesh N.Dave for the appellant and learned Counsel Ms. Tejal Vashi, for respondent nos. 1,2, and 3.

(2.) By way of present Letters Patent Appeal, the appellant has challenged the order and judgment dated 4thMarch 2013 passed by the learned Single Judge, dismissing her Special Civil Application No. 2465 of 2013. In the writ petition, appellant had prayed for writ of certiorari or any other appropriate writ order, or directions to the respondent Gujarat University to declare her entitled and eligible to receive the medal/award, price/trophy in subjects of Drafting Pleading and Conveyance, as well as Moot Court Exercise & Int., which was offered in the name of Advocate Shri C.K.Shah and Kunjbihari N. Patel for the

(3.) rdyear LL.B. examination conducted in April 2012. 3. Learned Single Judge has rejected the application without issuing notices i.e. without calling upon other side, but by reasoned order, holding that the Rule in question provides that as a result of re -assessment any change in Mark sheet would not entitle the examinee/student to secure any medal, award or re -ward due to change in the mark sheet. It is further held by the learned Single Judge that as the appellant was permitted an extra and additional condition of having her answers re -assessed and to that extent she can not be said to be similarly situated person qua examinee/student who is not having the benefit of said props. The extra benefit rather can not be permitted to act as instrument to hold or deprive the party acquiring right. So far as Ruling of this Court cited by the appellant, as listed in paragraph No. 6 of the impugned order are concerned, the Learned Single judge has observed that the Authority cited at bar are not applicable as facts are entirely different.