PARUL UNIVERSITY Vs. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) The communication dated 9.1.2020 of Hemchandracharya North Gujarat University, Patan is under challenge, by which, the students pursuing their BHMS course under the aegis of the Parul University shall not be permitted to appear in the BHMS examination conducted by the respondent University.

(2.) It is the case of the respondent University that the petitioner No.2 - College which is the constituent of petitioner No.1 - University is not cooperating with the affiliation process and the students pursuing BHMS course shall not be allowed to appear in the examination conducted by the respondent - University.

(3.) Mr.D.C. Dave, learned Senior Counsel appearing with Mr.Udit N. Vyas, learned advocate for the petitioners relied on sub Section (5) of Section 3 read with Section 45 of the Gujarat Private Universities Act, 2009 and submit that university to which the college was previously affiliated has to take the examination of the students in accordance with the courses of studies of the university. Reliance for the purpose is placed on a decision of this Court reported in 2017 (SCC ONLINE GUJ) 1543 in the case of Parul University of Ayurved v. Gujarat Ayurvedic University , wherein, interpreting the Sections referred hereinabove, this Court in paragraph Nos.23 and 24 held as under: