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Writ Petition Filed Before Gujarat High Court

Writ Petition Filed Before Gujarat High Court

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Published by Raghul Sudheesh

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Published by: Raghul Sudheesh on Jun 22, 2012
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07/28/2013

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1
IN THE HIGH COURT OF GUJARAT AT AHMEDABADDISTRICT: GandhinagarSPECIAL CIVIL APPLICATION NO. 7742 OF 2012IN THE MATTER OF:
Articles 226 & 227 of the Constitutionof IndiaAND
IN THE MATTER OF:
The Gujarat National Law UniversityAct, 2003 andthe Gujarat National Law UniversityRegulations, 2009AND
IN THE MATTER OF:
Arbitrary denial of admission
IN THE MATTER OF:
Donnie Ashok,aged about 19 years,R/o H-63, Baishnabghata Patuli Township,Kolkata
 – 
700094, West Bengal
… Petitioner 
 VERSUS1. Gujarat National Law University(Notice to be served through)Registrar, Gujarat National Law University,Attalika Avenue,Knowledge Corridor,Koba, Gandhinagar - 382007 (Gujarat)
 
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2. The Convener,Common Law Admission Test 2012 (CLAT-2012),National Law University,Jodhpur, NH-65, Nagour Road, Mandore, Jodhpur - 342 304
 
(Notice to be served through)Registrar, National Law University,Jodhpur, NH-65, Nagour Road,Mandore, Jodhpur -
342 304. (Rajasthan) … Respondents
 
TO
THE HON’BLE CHIEF
JUSTICE AND
HIS COMPANION JUDGES OF THE HON’BLE
 HIGH COURT OF GUJARAT AT AHMEDABAD
The humble petition of the petitioner above named
MOST RESPECTFULLY SHOWETH:
1.
 
That the Petitioner has been constrained to approach this
Hon‟ble Court by way of the present
petition under its extraordinary jurisdiction under Article 226 of the Constitution of India,being aggrieved by the illegal and arbitrary act of Gujarat NationalLaw University, Respondent No. 1 herein (hereinafter referred to as
“GNLU” for the sake of c
onvenience), in refusing to admit him toits five year B.A. LL.B. (Hons.) degree course, despite thepetitioner having secured an All India Rank of 427 in the CommonLaw Admission Test conducted by the Respondent No. Though onthe basis of the aforesaid rank, the Petitioner had a legitimateexpectation to be admitted to the 5 year B.A., LL.B. (Hons.) degree
 
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course at GNLU, Respondent No. 2, his admission has beenrefused, stating,
inter alia
:
“GNLU will not be able to admit the candidate according to
the published information in CLAT brochure. The published information was also approved by the Academic Council and  Executive Council who are competent body to decide in the
matter.”
 
2.
 
The Petitioner prays,
inter alia,
for issuance of a writ of mandamus, or a writ in the nature of mandamus, or such other writ
as may be issued by this Hon‟ble Court directing the Respondents
to admit the Petitioner to the five year B.A. LL.B. (Hons.) degreecourse at the GNLU, Respondent No. 1as a regularly admittedstudent.
3.
 
That the Petitioner is a citizen of India and a resident of H63, Baishnabghata Patuli Township, Kolkata
 – 
700094, WestBengal, and seeks protection of his fundamental rights enshrined inPart
 – 
III of the Constitution of India by way of the present petition.The Petitioner may also be served through counsel, during thependency of the present proceedings.
4.
 
GNLU, Respondent No. 1 is a body corporate establishedunder Gujarat National Law University Act, 2003, located withinthe territorial jurisdiction of this Ho
n‟ble Court and is therefore,amenable to the extraordinary Writ Jurisdiction of this Hon‟ble
Court under Article 226 of the Constitution of India. RespondentNo. 1, prior to 2008, used to admit students on the basis of an

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