ASSOCIATION OF SELF FINANCE COLLEGES THRO PRESIDENT JANAK P Vs. STATE OF GUJARAT THRO PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioner Association of Self Finance Colleges for AICTE Approved Professional Courses has prayed for a direction directing the respondents to issue necessary notification under the Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 on the lines of the notifications issued in the past, permitting the concerned colleges to fill up vacant seats at the level of post graduation in the faculty of pharmacy and engineering from amongst the candidates who have passed the concerned qualifying examinations as specified in Professional Postgraduate Courses (Regulation of Admission and Payment of Fees) Rules, 2009.

(2.) THE Admission Committee for Professional Courses ­ re spondent No.2 herein is a body constituted by the State of Gujarat under Section 4 of the Gujarat Professional Technical Educational Colleges or Institutions (Regulations of Admission and Fixation of Fees) Act,2007. The basic object of respondent No.2 Committee is to regulate the process of admission, inter alia, at the level of post graduation in the discipline of Pharmacy and Engineering in accord ance with the provisions contained in the aforesaid Act and the Rules framed thereunder. The functioning of respondent No.2 Ad mission Committee falls within the domain of the Education Depart ment of the State of Gujarat, the respondent no.1 herein.

(3.) MR . Dave, learned Senior Advocate with Mr. Jigar Patel, learned advocate appearing for the petitioner contended that so far as the post graduation course in the faculty of pharmacy and engin eering is concerned, the notification is normally issued in the middle of October of the concerned academic year. Similar notifications were issued by respondent No.1 for the faculty of engineering at the level of graduation and for the faculty of Management and Computer application at the level of Post Graduation. The State Government has already decided for Engineering and Bachelor of Pharmacy to adopt the same notification which was published on 18.10.2012 and has already decided to publish the same. The proposal was forwar ded on 29.09.2012 to the State Government, Education Department and the Department of Education prepared a Draft Notification and sent it to the Legislative and Parliamentary Department and the same was sent back to Education Department on 08.10.2012 saying that with the announcement of Elections on 03.10.2012, the Model Code of Conduct came into operation and the files were referred to the Office of the respondent No.3. The respondent No.3 based on the Model Code of Conduct which has come into operation with ef fect from 03.10.2012 restricted and deferred the decision till 20.12.2012. Therefore, Mr. Dave, learned Senior Advocate for the petitioner contended that decision which has already been taken by the State Government has been prohibited by the respondent No.3. Therefore, it may be directed to grant sanction in view of the fact that this decision is not going to affect in any manner to the Elections which are declared since this is question of education.