SAHJANAND EDUCATION TRUST Vs. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) As common questions of law and facts are involved in these two writ petitions, the same were heard together and are being disposed of by this common judgment and order.

(2.) These two writ petitions depict extremely sorry state of affairs of a college named Shree Swaminarayan B.Ed College run and managed by Shree Sahjanand Education Trust, At and Post Tal. Vijapur, Dist. Mehsana, which is an un-recognized educational institution imparting teacher education i.e. B.Ed Course. Over a period of time, we have come across so many petitions preferred by such colleges whose recognition has been cancelled by National Council for Teachers Education (for short "NCTE") on grounds like non-appointment of Principal, inadequate teaching and non-teaching staff, lack of adequate infrastructure etc. We are sad to note that ultimately the students are the sufferers. We are reminded of an observation made by the Supreme Court almost two decades ago in the case of State of Maharashtra Vs. Vikas Saherbrao Roundale and ors., 1992 4 SCC 435, in which the apex Court observed as under:-

(3.) The facts relevant for the purpose of deciding these two writ petitions can be summarized as under:-