Allowed

Sunil v. Jai Narayan Vyas University

Rajasthan HC19 Jul 2019CW/398/2019

Case brief

AI extract

What is this about?

Writ petitions challenging denial of result and admission to students who transferred colleges without meeting policy conditions. Court held transfer illegal but allowed completion of studies and result declaration to avoid injustice, while directing future transfers be approved by the Registrar.

What did the court decide?

Petitioners allowed to complete studies and have results declared at their respective colleges; future transfers require Registrar consent.

Sunil Vs Jai Narayan Vyas University — Education and Admissions | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

¶2

JODHPUR

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(1) S.B. Civil Writ Petition No. 384/2019

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Minaxi D/o Shri Joga Ram Sen, Aged About 18 Years, By Caste Nai (Sen) R/o Atbada Tehsil Sojat, District Pali.

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----Petitioner

¶6

Versus

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Jai Narayan Vyas University Jodhpur, Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur.

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Principal, P.G. College, Jodhpur.

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Principal Government College, Sojat.

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----Respondents

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Connected With

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(2) S.B. Civil Writ Petition No. 349/2019

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Seema Seervi D/o Shri Jagdish Prasad, Aged About 20 Years, By Caste Seervi R/o Village Atbada, Tehsil Sojat, District (Pali)

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----Petitioner

¶16

Versus

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Jai Narayan Vyas University, Jodhpur, Through Its Registrar.

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Controller Of Examination Jai Narayan Vyas University, Jodhpur

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Principal, D.D. Memorial College, Jodhpur.

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Principal Government College, Sojat.

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----Respondents

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(3) S.B. Civil Writ Petition No. 350/2019

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Reema D/o Shri Bharat Raj, Aged About 19 Years, By Cast Sirvi R/o Mutho Ka Bas Village Atbada Tehsil Sojat, District Pali.

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----Petitioner

¶25

Versus

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Jai Narayan Vyas University, Jodhpur, Through Its Registrar.

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Controller Of Examination Jai Narayan Vyas University, Jodhpur.

¶28

(2 of 10)

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[CW-384/2019]

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Principal, P.G. Mahila Mahavidhlya, Jodhpur.

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Principal Government College, Sojat.

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----Respondents

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(4) S.B. Civil Writ Petition No. 387/2019

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Sanju Satpura D/o Shri Ratan Lal, Aged About 18 Years, By Cast Sirvi R/o Mutho Ka Bas Village Atbada, Tehsil Sojat, District Pali.

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----Petitioner

¶36

Versus

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Jai Narayan Vyas University, Jodhpur, Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur

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Director, K.N. College, Jodhpur.

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Principal Government College, Sojat.

¶41

----Respondents

¶42

(5) S.B. Civil Writ Petition No. 390/2019

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Vinita D/o Shri Ramlal, Aged About 20 Years, By Cast Sirvi R/o Bus Stand Atbada, Tehsil Sojat, District Pali,.

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----Petitioner

¶45

Versus

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Jai Narayan Vyas University, Jodhpur, Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur

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Principal, Government College, Pali.

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Principal Government College, Sojat.

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----Respondents

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(6) S.B. Civil Writ Petition No. 398/2019

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Sunil S/o Shri Pappu Ram, Aged About 19 Years, By Cast Dhobi, R/o Ram Pyau Sojat City, District Pali.

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----Petitioner

¶54

Versus

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Jai Narayan Vyas University, Jodhpur Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur.

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(3 of 10)

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[CW-384/2019]

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Principal, Government College, Pali.

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Principal Government College, Sojat.

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----Respondents

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(7) S.B. Civil Writ Petition No. 1632/2019

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Anil Kumar S/o Shri Ashok Kumer, Aged About 18 Years, By Caste Suthar R/o Sutharo Ka Bas Jjajanwas Post Patwa Tehsil Jaitaran District Pali.

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----Petitioner

¶65

Versus

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Jai Narayan Vyas University Jodhpur, Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur.

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Principal Government College, Sojat, Pali.

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Principal Bhagat Singh College Jaitaran, Pali.

¶70

----Respondents

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(8) S.B. Civil Writ Petition No. 402/2019

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Lalit Chitara S/o Shri Sugan Lal, Aged About 19 Years, By Caste Jinagar (Mochi) R/o Jeenagar Mohala Pawta Chowk, Sojat City, District Pali.

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----Petitioner

¶74

Versus

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Jai Narayan Vyas University Jodhpur, Through Its Registrar.

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Controller Of Examination, Jai Narayan Vyas University, Jodhpur.

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----Respondents

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For Petitioner(s) : Mr. Bhanu Prakash Mathur For Respondent(s) : Mr. P.R. Singh Jodha for the respondent University Mr. Shridhar Purohit for respondent No.3

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(4 of 10)

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[CW-384/2019]

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JUSTICE DINESH MEHTA

Judgment

Reportable

19/07/2019

These writ petitions have come up on the Board for considering the applications filed by the petitioners seeking appropriate orders for declaration of their results.

¶86

Looking at the controversy involved and keeping into consideration the future of the petitioners who are students, with the consent of the counsel for the parties, all the matters are being decided finally.

¶87

All the writ petitions involve common facts and law. For the purpose of convenience, the facts appertain to S.B. Civil Writ Petition No.384/2019 (Minaxi Vs. JNVU Jodhpur & Ors.) are being considered.

¶88

The petitioner, a resident of Sojat, District Pali, got admission in PG College, Jodhpur in B.Sc. First Year. After completion of part-I of B.Sc. three years’ Degree Course, she chose to shift to her native place viz. Sojat and, hence, contacted the Principal, Govt. College, Sojat, District Pali, with a request that she be given permission in B.Sc. Second Year. In this regard, she made a written request alongwith an affidavit to the effect that she would be solely responsible for any consequence, if any objection in future is raised in relation to her admission.

¶89

In furtherance of the request so made, the petitioner was given admission in B.Sc. Second Year by the respondent No.3 at Govt. College, Sojat. Needless to mention that she started pursuing her graduation at Sojat.

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(5 of 10)

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[CW-384/2019]

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At the time of examination, when she proceeded to fill up her form for Second Year, the respondent Jai Narain Vyas University raised an objection that she cannot be permitted to take examination as she has pursued her studies at Sojat whereas her initial admission was in PG College, Jodhpur. According to respondent Jai Narain Vyas University, the petitioner could not get her college transferred from Jodhpur to Sojat.

¶93

Before proceeding further, it would be apt to go through the relevant provisions, dealing with the transfer of a student from one college to another college, affiliated to the respondent No.1 - Jai Naraian Vyas University, Jodhpur. For the purpose of ready reference, the same is being reproduced hereinfra:-

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“5-8 LFkkukUrj.k ds vk/kkj ij izos”kA

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5-8-1 ,d egkfo|ky; esa izfo’V fo|kFkhZ dk mlh uxj ds nwljs egkfo|ky; esa LFkkukUrj.k ugha gksxkA

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5-8-2 fHkUu&fHkUu LFkkuksa ij vofLFkr egkfo|ky;ksa esa Hkh LFkkukUrj.k dh vuqefr ekrk&firk@laj{kd ds LFkkukUrj.k ;k efgyk vH;FkhZ ds fookg gksus tSlh fo”ks’k ifjfLFkfr esa gh nh tk;sxhA ekrk&firk ds thfor jgrs vU; dksbZ O;fDr lja{kd ugha gks ldsxkA

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5-8-3 LFkkukUrfjr deZpkjh ds iq=@iq=h LFkkukUrj.k LFkku o fudVorhZ LFkku ;k x`g LFkku ij vofLFkr egkfo|ky; esa izos”k ds ik= gksaxsA

¶98

5-8-4 laj{kd ds LFkkukUrj.k dh fLFkfr esa vH;FkhZ dk izos”k rHkh ns; gksxk] tc vkosnd ds izkIrkad ml d{kk esa izfo’V vafre fo|kFkhZ ds vadksa ls de ugha gks rFkk ml egkfo|ky; esa fjDr LFkku miyC/k gksA

¶99

5-8-5 Lukrd ikVZ f}rh; o r`rh; d{kkvksa esa LFkkukUrj.k izos”k ij lEc)d fo”ofo|ky; ds fu;eksa ds vuqlkj gh fopkj fd;k tk;sxkA

¶100

5-9 LFkku ¼lhVsa½ fjDr jgus ds fy, esa izos”k izfØ;k laca/kh funsZ”kA leLr ;ksX; vH;fFkZ;ksa ds izfo’V gks tkus rFkk dksbZ Hkh fopkjk/khu vkosnu&i= yafcr uk gksus dh fLFkfr esa fdlh d{kk esa LFkku fjDr jgus ij izkpk;Z] lkekU; Js.kh lfgr Js.khokj ¼dSVsxjhokbZt½ fjDr LFkkuksa dh lwpuk dk foLr`r izpkj&izlkj dj lkr fnol rd uohu vkonsu&i= vkaef=r dj ldsaxs rFkk fjDr LFkkuksa dks Hkjus dh izfØ;k viuk;saxsA”

¶101

When the petitioner was not permitted to fill the examination form, she approached this Court by way of present writ petition,

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(6 of 10) [CW-384/2019]

¶103

wherein by way of an interim order dated 14.01.2019, the respondent University was directed to accept her examination form provisionally. While passing the aforesaid interim order, this Court has however kept petitioner’s continuation with the course and examination, subject to outcome of the present writ petition.

¶104

Learned counsel for the petitioners submitted that the petitioner has appeared in B.Sc. Second Year Examinations, however, her result has not been declared. While praying that the respondent University be directed to declare her result, it was also urged that the petitioner be permitted to pursue further studies.

¶105

Adverting to the merit of the case, Mr. Mathur contended that shifting/transfer of a student from one college to another college, affiliated to respondent University is permissible as per Clause 5.8 of the Admission Policy published by the Government of Rajasthan, which has been duly adopted by the respondent University.

¶106

It was submitted that as per the policy aforesaid, the petitioner’s transfer from Jodhpur to Sojat was permissible and the Principal Government College, Sojat, the respondent No.4 has permitted the petitioner to pursue her B.Sc. Second Year Course in Sojat, taking into account, the provisions of admission policy.

¶107

While maintaining that the petitioner is entitled to pursue her studies at Sojat, learned counsel for the petitioners, in alternative, submitted that the petitioner has already undergone one year of studies at the new college and as a special case, regardless of the final adjudication, the petitioner be permitted to complete her graduation in Sojat and her transfer, even if found to be irregular, be ratified to meet the ends of justice.

¶108

(7 of 10)

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[CW-384/2019]

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Mr. P.R. Singh, learned counsel for the respondents- Jai Narain Vyas, University vehemently argued that the petitioner has taken transfer from PG College, Jodhpur to Govt. College Sojat at her own will and volition, knowing it fully well that as per the conditions of the Admission Policy, particularly Clause 5.8.2, the petitioner cannot seek transfer from Jodhpur to Sojat, inasmuch as, her case does not fall in any of the contingencies mentioned in Clause 5.8.2 viz.:- (i) Student’s parents/guardians have been transferred; (ii) The woman candidate has got married.

¶111

Inviting Court’s attention towards petitioner’s application dated 24.07.2018 and the affidavit filed by her, Mr. Jodha contended that she has not even pleaded existence of any such contingencies in her transfer application, while seeking admission in Sojat, hence, there was no occasion for anyone to accord permission for such transfer.

¶112

Mr. Shridhar Purohit, learned counsel for the respondent No.3 submitted that the petitioner contacted respondent No.3 Principal, Government College, Sojat and showed her willingness to pursue her future studies in their college. As such, there was no occasion for the respondent No.3 to raise any objection as according to him, the petitioner could take admission, if she fulfilled the condition of transfer. He however informed that neither any formal application was moved before the respondent No.3, nor any permission was granted by him.

¶113

Heard learned counsel for the parties.

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Though, the issue of transfer of a student from one college

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to another appears to be innocuous, but the same has its own repercussions and ramifications. Hence, instead of outrightly

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(8 of 10)

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[CW-384/2019]

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passing a simple order allowing the petitioner to pursue her future studies at Sojat, this Court deems it imperative, rather necessary to decide the core question, “Whether the petitioner could legally secure admission in Sojat or not?”

¶119

A bare look at the provisions relating to the admission in case of transfer, reproduced herein above, particularly Clause 5.8.2 leaves no room for ambiguity that transfer from one college to other is not a matter of course or right. Transfer is permissible only if parents/guardian of a student are transferred from one place to another or female candidate gets married and her matrimonial place is at a place other than her parental residence.

¶120

In view of the clear stipulation in the admission policy, this Court has no hesitation in holding that the petitioner’s transfer from P.G. College, Jodhpur to Government College, Sojat was irregular, rather illegal.

¶121

During the course of arguments when the Court asked Mr. P.R. Singh, learned counsel for the respondent University, as to who is the competent authority, from which a student is supposed to take permission for transfer, he candidly stated that the rules are silent in this regard and no officer/authority has been assigned the power/responsibility to permit transfer in genuine or deserving cases.

¶122

This Court feels that in absence of a clear policy, the students simply contact the college, where they intend to take admission and the receiving-college simply admits the students, without ascertaining as to whether their transfer is legal and valid,

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(9 of 10)

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[CW-384/2019]

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completely without anticipating the situation like the one, at hands.

¶126

Mr. P.R. Singh, learned counsel for the respondent University assured that unless a policy in this regard is framed, the Registrar, Jai Narain Vyas University shall decide student’s application, if someone wants to apply for a transfer from one college to another college, affiliated with the respondent University.

¶127

There is no gain in saying that the petitioner’s transfer from P.G. College, Jodhpur to Govt. College, Sojat was irregular, but given the fact that she has already studied for a year; appeared in the examination, this Court feels that setting her transfer at naught or repatriating her would be inequitable. We cannot be unmindful of the fact that there is no competitive claim qua this seat and/or her admission or continuation at Sojat is not likely to prejudice any third person’s right.

¶128

Hence, it is deemed expedient and hence, ordered that the respondent University shall permit all the eight petitioners to complete their studies at their respective colleges, where they have taken admissions. The respondent University is directed to declare the result of all the petitioners and allow them to complete their courses from their present colleges.

¶129

This Court cannot resist recording its displeasure for the colleges which willingly welcomed the petitioners, without assessing their entitlement for such transfer.

¶130

All the captioned writ petitions are allowed in above terms.

¶131

It is however, ordered that henceforth any student desirous

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of seeking transfer/shifting in deserving cases, subject to fulfilling the conditions encapsulated in Clause 5.8.2 of the admission

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(10 of 10)

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[CW-384/2019]

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policy will be required to move an application before the Registrar, Jai Narain Vyas University, Jodhpur, who shall decide the same within a period of 7 days, of course in light of the admission policy or any other policy/circular issued from time to time.

¶136

The receiving college shall give admission to the desirous student only on furnishing of written consent obtained from the Registrar, Jai Narain Vyas University, Jodhpur, permitting transfer of a student from one college to another.

¶137

Needless to observe that the receiving college will not be obliged to give admission, merely because the Registrar of the respondent Jain Narain Vyas University has given permission for such shifting/transfer. The college shall give admission to the students only in the event of availability of seats and the candidate fulfilling other eligibility criteria, including cut off marks required for admission in the college.

¶138

Henceforth, if any student takes transfer in violation of Clause 5.8.2 of the Admission Policy, the University shall neither regularise such admission nor shall it permit him/her to appear for examination.

¶139

Interlocutory applications, filed in the writ petitions, so also the stay petitions are disposed of accordingly.

¶140

(DINESH MEHTA),J

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483 to 489 & 1 of Suppl-II-Ramesh/-

Sunil v. Jai Narayan Vyas University

Case brief

What is this about?

What did the court decide?

Sunil v. Jai Narayan Vyas University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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