VARDHMAN CHARITABLE TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, a trust registered under the provision of the Bombay Public Trust Act, is engaged in managing educational institutions including the institute (Lokmanya College) which intends to offer Bachelor level degree course in Business Administration ( B.B.A. , for short). The petitioner is, as such, aggrieved by the order dated 15.6.2010 passed by the respondent No.2 University whereby the University declined to grant affiliation to the said institute (hereinafter referred to as the "college") of the petitioner trust on the ground that the college does not fulfill the requirements prescribed by University Grant Commission ( UGC or Commission for short) under UGC (Affiliation of Colleges by Universities) Regulations 2009 (hereinafter referred to as 2009 Regulations ). Besides seeking relief against the said grievance, the petitioner has prayed for following relief/s:

(2.) Heard Mr.Y.N. Oza, learned Senior Counsel with Mr.Apurva Kapadia, learned advocate for the petitioner. Mr.S.N. Shelat, learned Senior Counsel with Ms.V.D. Nanavati, learned advocate for the respondent No.2 University and Mr.Umesh Trivedi, learned Additional Government Pleader for the respondent No.1-State, Mr. M.K. Shelat learned advocate has entered appearance for respondent No. 3 UGC. Having regard to the rival contentions, and perused the record, Rule. The learned advocates for the respondents have waived service of Notice of Rule. With the consent of the learned advocates, the petition is heard for final decision.

(3.) The relevant facts may be summarized thus:-