High Court of Gujarat

VALAN HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL (DELETED AS PER ORAL ORDER DT 06/01/2026)versusUNION OF INDIA

Decided: 6 January 2026
Disposal: 26-DISMISSED @ ADM.STAGE
Bench: SUNITA AGARWAL D N RAY

Holding

The rejection of the civil application for interim relief does not amount to a final order and therefore does not merit interference on appeal.

Summary

The appellants, a group of eight students, challenged the cancellation of their admission to the First Year BHMS programme for the academic year 2022-2023 by the principal of Valan Homeopathic Medical College. They filed a civil application seeking interim relief to appear for examinations during the pendency of a writ petition. The Single Judge rejected the civil application, noting procedural deficiencies and that no notice had been issued, and held that the application could not be entertained. On appeal, the High Court examined whether the rejection of the civil application warranted interference and concluded that it did not constitute a final order in the writ proceedings. Consequently, the Court dismissed the Letters Patent Appeal, leaving the petitioners free to continue pursuing relief in the writ court, and made no order as to costs.

Issues considered

What is the appropriate jurisdiction to entertain a civil application for interim relief in a pending writ petition?
Does the rejection of a civil application for interim relief amount to a final order that can be appealed under the Letters Patent?
Can the appellants continue to seek relief in the writ court despite the rejection of their interim application?

Subjects

Letters Patent Appeal
interim relief
admission cancellation
BHMS
writ petition
civil application
higher education
administrative law

Judgment

      C/LPA/1329/2025                            ORDER DATED: 06/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/LETTERS PATENT APPEAL NO. 1329 of 2025

                 In R/SPECIAL CIVIL APPLICATION/7900/2024

==========================================================
     VALAN HOMEOPATHIC MEDICAL COLLEGE AND HOSPITAL & ORS.
                            Versus
                     UNION OF INDIA & ORS.
==========================================================
Appearance:
MR NIRAJGIRI M GAUSWAMI(13675) for the Appellant(s) No.
1,2,3,4,5,6,7,8,9
MR NISHITH P THAKKAR(2836) for the Appellant(s) No. 1,2,3,4,5,6,7,8,9
MS HETAL PATEL, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 2
MR AR THACKER(888) for the Respondent(s) No. 4
MR HARSHEEL D SHUKLA(6158) for the Respondent(s) No. 3
==========================================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS.
      JUSTICE SUNITA AGARWAL
      and
      HONOURABLE MR.JUSTICE D.N.RAY

                          Date : 06/01/2026

                             ORAL ORDER
 (PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)



1.     On the prayer made by the learned counsel for the

appellants, the appellant no.1 is deleted from the array of the

parties.



2.     Heard Ms. Tanya Agarwal, learned advocate assisted by

Mr. Nishith P. Thakkar, learned advocate for the appellants,

Mr. A.R. Thacker, learned advocate for the respondent no.4,

Mr. Harsheel D. Shukla, learned advocate for the respondent


                                 Page 1 of 3
     C/LPA/1329/2025                       ORDER DATED: 06/01/2026




no.3 and Ms. Hetal Patel, learned Assistant Government

Pleader for the respondent no.2.



3.    This intra-court appeal is directed against the judgment

and order dated 28.11.2025 passed by the learned Single

Judge whereby the Civil Application No.1 of 2025 1led in

Special Civil Application No.7900 of 2024 has been rejected

with the observation in the order that the admission of the

petitioners (08 in numbers) in the First Year BHMS in the

Academic Year 2022-2023 had been cancelled by the Principal

of the College concerned vide letter dated 22.04.2024 w.e.f.

22.04.2024 itself.



4.    It is recorded by the writ court while rejecting the

interim relief application that the matter has been listed 29

times by now, but notice has not been issued and, therefore,

no relief is operating in favour of the petitioners as on date.

The Civil Application has been preferred seeking direction the

respondent authority to allow the petitioners to appear in the

examination during the pendency of the writ petition,

therefore, cannot be entertained.




                            Page 2 of 3
       C/LPA/1329/2025                                                        ORDER DATED: 06/01/2026




5.       Taking note of the reasoning given by the learned Single

Judge in the order of rejection of Civil Application 1led for

grant of interim relief in the writ petition pending since 2024,

We may say that there is no good ground to interfere,

inasmuch, the rejection of the Civil Application does not

amount to passing of the 1nal order in the pending writ

petition.



6.       It is still open for the petitioners to pursue the writ court

for granting appropriate relief in the challenge to the order of

cancellation of their admission by the college in question.



7.       With the above, the Letters Patent Appeal stands

dismissed. No order as to costs.



                                                                 (SUNITA AGARWAL, CJ )



                                                                                           (D.N.RAY,J)
A. B. VAGHELA
Original copy of this order has been signed by the Hon'ble Judges.
Digitally signed by: ARUNA BHARATSINGH VAGHELA(HC01079), PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 11:04:30




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