BANAS GRAM VIKASH SAMITI Vs. VICE CHANCELLOR

JUDGEMENT

(1.) RULE. Mr.Amit Panchal, learned advocate for respondent No.1, and Mr.A.J.Shastri, learned advocate for respondent Nos.2 and 3, appear and waive service of rule for the respective parties.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has, inter alia, prayed for the following reliefs: (11) The petitioner trust, therefore humbly prays that: (A) Your Lordships may be pleased to admit and to allow this petition. (B) Your Lordships may be pleased to issue a writ of mandamous or a writ in the nature of mandamous or any other appropriate writ, order or direction quashing and setting aside the impugned order of 20.10.2011 (At Annex.A) and commanding the respondents to call back all the 64 application forms and allow the 64 students to appear at the ensuing examination and other examination which are going to be held in the academic year 2011-12 for B.Ed. students. (C) Your Lordships may be further pleased to command the North Gujarat University the respondent No.1 to allow the 64 students to appear at the ensuing examination if not from the petitioner college from any other B.Ed. college affiliated with the North Gujarat University. (D) Your Lordships may be further pleased to direct the North Gujarat University the respondent No.1 to make applicable a withdrawal order dt.28.07.2011 (at Annxe.B) after the end of the academic year 2011-12 and not before that. (E) Pending admission, hearing and final disposal of this Special Civil Application Your Lordships may be pleased to grant interim injunction commanding the North Gujarat University the respondent No.1 of accept all the 64 application forms which were returned earlier and to allow all the students to appear at the ensuing examination of 1st semester of B.Ed. and all other examination schedule in the academic year 2011-12. (F) Your Lordships may be pleased to pass further order/s as deem fit in the interest of justice.

(3.) ON the eve of the first semester examination, Mr.D.C.Dave, learned Senior Advocate for the petitioner-Trust, has taken this Court to the order dated 28.07.2011. It was submitted that it is crystal clear from the said order that the Council has withdrawn the recognition granted under Section 17(1) of the Act from the academic session next following the date of withdrawal order. It was submitted that the said order would therefore come into force only from the next academic session i.e. June 2012. It was further submitted that in fact the petitioner-Trust has also sought clarification from the Council vide communication dated 15.08.2011, however, no such clarification is issued by the Council. It was further submitted that on 14.07.2011, few days before the order of withdrawal of recognition, the respondent-University issued 80 students to the college run by the petitioner-Trust and the said students have also paid their balance fees to the petitioner-Trust and the notice of transfer as well as action of withdrawal of affiliation of the college run by the petitioner-Trust is taken thereafter. It was also pointed out that against the order of withdrawal of recognition an appeal, as a matter of right, is provided under Section 18 of the Act and, therefore, the students so admitted, as allotted by the respondent-University, should be permitted to be appeared in the examination. It was further submitted that when an appeal is provided, as a matter of right, there is one more reason for permitting the students, who have already paid their fees and have been imparted education from the college of the petitioner-Trust, when the students were admitted, they should be permitted to appear in the examination. It was further pointed out that majority of the students have filed affidavits stating that they have completed the first semester in the college run by the petitioner-Trust and, therefore, irrespective of the fact that recognition is withdrawn, the said withdrawal is to come into force from next academic session i.e. June 2012 and, therefore, the petition deserves to be allowed by issuing appropriate directions to the respondent-University to accept the forms of the students of the college run by the petitioner-Trust for the first academic examination and allow them to appear in the first semester examination.