Allowed

Dr.Alpesh Harishbhai Purohit v. the Registrar

Gujarat HC1 May 2019SCA/4760/2019

Case brief

AI extract

What is this about?

High Court quashed plagiarism report and dissolved committee lacking subject experts. Directed University to form fresh expert committee with procedural safeguards before taking action. Court reserved opinion on merits.

What did the court decide?

Quashing of report dated 08.03.2019; dissolution of existing Committee; direction to constitute fresh Committee of three subject experts.

Dr.Alpesh Harishbhai Purohit Vs the Registrar — Education and Admissions | Gujarat HC (2019)

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C/SCA/4760/2019 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 4760 of 2019 With R/SPECIAL CIVIL APPLICATION NO. 5740 of 2019

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DR.ALPESH HARISHBHAI PUROHIT

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Versus THE REGISTRAR

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========================================================== Appearance:

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MR JAYRAJ CHAUHAN(2966) for the Petitioner(s) No. 1 MR UMANG A. VAGHELA(6500) for the Respondent(s) No. 6 SR. AD VOCATE MR. D. C. DAVE with NISARG N JAIN for the Respondent(s) No. 1 SUDHANSHU A JHA(8345) for the Respondent(s) No. 4

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==========================================================

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CORAM: HONOURABLE MS.JUSTICE BELA M. TRIVEDI

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Date : 01/05/2019

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COMMON ORAL ORDER

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1. Both the petitions have been filed by the

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same petitioner and hence were heard
together. The petitioner has prayed for the
following main relief in Special Civil
Application No.4760 of 2019:

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“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction by directing the respondent authorities to quash and set aside the notices issued by the respondent authorities to petitioner and be pleased to declare the

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Page 1 of 5

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C/SCA/4760/2019 ORDER

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initiation of proceedings against present petitioner as null and void, dehors the provisions of law and further be pleased to hold and declare that Committee, which has been constituted to inquire into the charges of plagiarism is unauthorised, dehors the provisions of law and is formed on a non-existed and nonapproved provisions of law and hence, entire inquire proceedings be declared as illegal, null and void, ultra virus, bad in law, instituted with malafide and declared to be vitiated.”

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2. The petitioner has prayed for following main relief in Special Civil Application No.5740 of 2019:

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“(A) YOUR LORDSHIPS may be pleased to issue a writ of mandamus or certiorari or any other appropriate writ, order or direction, quashing and setting aside the report dated 08.03.2019 and notice dated 12.03.2019 as well as all the consequential actions taken by the University pursuant to report dated 08.03.2019 by holding and declaring

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Page 2 of 5

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C/SCA/4760/2019 ORDER

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that report given by Inquiry Committed constituted by University is illegal, null and void and there is no plagiarism in view of operation of provisions of Minimum Standard Procedure of Awarding of M.Phil / Ph.D degree Regulation, 2009, under which the degree of Ph.D has been awarded to the petitioner and hence, actions are bad in law;”

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3.After arguing for sometime, learned Senior
Advocate Mr.D.C.Dave appearing with learned
Advocate Mr.Nisarg Jain for the respondent-
University states that the members of the
committee appointed by the University to
inquire into the allegations of plagiarism
against the petitioner being not the subject
experts, the University has no objection, if
the Committee is directed to be constituted
afresh consisting of subject experts in terms
of Clause 7 of the Guidelines of Plagiarism
issued by the University and that no action
shall be taken against the petitioner
pursuant to the report submitted by the

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Page 3 of 5

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C/SCA/4760/2019 ORDER

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respondent No.5 Committee.

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4.Learned Advocate Mr.Jayraj Chauhan for the
petitioner has no objection against
constitution of fresh Committee consisting of
the members who are the subject experts, as
suggested by Mr.Dave for the respondent-
University.

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In view of the above, the respondent No.1 University is directed to constitute a Committee afresh consisting of three members, who shall be subject experts to be nominated by the Vice Chancellor of the University as early as possible and the said Committee shall submit a report with its recommendations, and such report shall be considered by the Academic Council for consideration and action, if any. It is further directed that all the documents, that

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may be relied upon by the Committee, shall be
furnished to the petitioner in advance and
that the Committee shall give an opportunity

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Page 4 of 5

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C/SCA/4760/2019 ORDER

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of hearing to the petitioner in accordance
with University Guidelines.

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In view of the above, the respondent no.5 Committee constituted by the University stands dissolved and the report dated 08.03.2019 submitted by the said Committee is set aside. Both the petitions are allowed to the aforesaid extent and subject to the aforesaid directions. It is clarified that the Court has not expressed any opinion on the merits of the matter. Notice stands discharged in each matter.

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(BELA M. TRIVEDI, J)

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TUVAR

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Page 5 of 5

Dr.Alpesh Harishbhai Purohit v. the Registrar

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Dr.Alpesh Harishbhai Purohit v. the Registrar

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