PEARL EDUCATION CHARITABLE TRUST Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed for the purpose of seeking following reliefs:-

(2.) The case of the petitioner is that the petitioner is a Charitable Trust registered under the provisions of the Bombay Public Trust Act, is imparting education by establishing Homeopathic Medical College. It is submitted that the first batch of the petitioner college started in the year 2018-19 in the name of Gandhinagar Homeopathy Medical College with intake capacity of 100 students. On account of the circumstances prevailing then, the petitioner was required to file a petition, being Special Civil Application No.12768 of 2018 before the Hon'ble High Court and vide order dated 20.9.2018, the Court was pleased to grant permission for admission of the petitioner college. It is the case of the petitioner that a request was made to inspect the college premise and grant requisite permission to the petitioner college for next academic year, i.e. 2019-2020. But, according to the petitioner, on account of the careless attitude of the respondent No.1, who passed an order on 31.7.2019, indicating that since the petitioner college was denied permission for the academic year 2018-19, permission for academic year 2019-2020 cannot be granted though the permission for the year 2018-19 had already been granted by this Hon'ble Court. Hon'ble High Court, according to the petitioner, directed the respondent No.1 to pass a speaking order assigning the reasons, to which the respondent passed another order on 9.9.2019, reiterating the very same stand. This had led the petitioner to file another petition, being Special Civil Application No.14347 of 2019, wherein the Hon'ble Court by expressing displeasure passed an order directing the respondent No.1 to grant extension of permission to the college admitting the students for the academic year 2019- 2020. It has been the case of the petitioner that the petitioner college had successfully enrolled the students for the academic year 2019-2020 with intake capacity of 100 students. It is further submitted that the respondent authorities inspected the college and according to the deficiency pointed out by the respondent, the petitioner had rectified, but then, the petitioner was constrained t file another petition, being Special Civil Application No.596 of 2020, for the academic year 2019-2020, which is stated to have been pending.

(3.) When the matter is taken up for hearing, on advance copy, learned advocate Mr. Siddharth Dave appeared for learned Assistant Solicitor General Mr. Devang Vyas for the respondent authority and after granting some time, both the sides have completed their respective pleadings and the matter is at the admission stage and consideration as to whether, in a situation like this, any interim order as prayed for deserves to be passed or not.