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High Court of Gujarat

CHAUDHARI MITULKUMAR VINODBHAIversusSTATE OF GUJARAT

Decided
Disposal
31-NOTICE DISCHARGED @ ADM.STAGE

Holding

The petition is dismissed as there is nothing survived in the matter.

Summary

Petitioner Chaudhari Mitulkumar Vinodbhai filed a special civil application challenging a decision of a commission that declared him unsuccessful because his marks were below the cut‑off. The respondent commission produced a sealed cover in court showing the marks, confirming the petitioner’s failure to meet the cut‑off. The court examined the sealed cover and found the commission’s finding to be correct. Since the petitioner had no surviving claim or right, the court held there was nothing left to adjudicate. Accordingly, the petition was disposed of without any order as to costs.

Issues considered

  • What is the effect of the commission’s finding that the petitioner’s marks are below the cut‑off on the petition?
  • Can the petition be entertained when the petitioner has been declared unsuccessful?

Subjects

  • civil application
  • petition disposal
  • cut‑off marks
  • sealed cover
  • notice discharge
  • examination result

Judgment

     C/SCA/18824/2019                               ORDER DATED: 08/01/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 18824 of 2019

==========================================================
                        CHAUDHARI MITULKUMAR VINODBHAI
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR N P CHAUDHARY(3980) for the Petitioner(s) No. 1
MR SHIVAM PARIKH, ASSISTANT GOVERNMENT PLEADER for the
Respondent(s) No. 1
MR CHAITANYA S JOSHI(5927) for the Respondent(s) No. 2
==========================================================

 CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

                                Date : 08/01/2026

                                ORAL ORDER

1.     As per the order dated 5th January, 2026, today, when the

       matter was taken up for hearing, Mr. Chaitanya S. Joshi,

       learned Advocate for respondent No.2, has tendered a sealed

       cover bearing No. 503844. The sealed cover was opened and

       after going through the marks of the petitioner, which are

       found to be less than the cut-off marks and thereby, he is

       declared unsuccessful by the respondent-Commission. The

       aforesaid result of the petitioner, having opened in the Court, is

       taken on record.



                                    Page 1 of 2
          C/SCA/18824/2019                                                                   ORDER DATED: 08/01/2026




  2.         In light of above, there is nothing survived in the matter.

              Accordingly, the present petition is disposed of. Notice is

              discharged. No order as to costs.



                                                                                              (MAULIK J.SHELAT,J)
  NILESH
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARMAR NILESHKUMAR R(HCD0068), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 08/01/2026 14:24:40




                                                             Page 2 of 2


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