SHAMBHAVI KUMARI Vs. SABARMATI UNIVERSITY

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has prayed for the following reliefs:

(2.) Brief facts of the case are as under:

(3.) Learned advocate Ms. P.J.Joshi for the petitioner submitted that the writ petition is maintainable as the respondent No.1-University is a Private University established under the Gujarat Private Universities Act, 2009 and therefore, this Court has jurisdiction to decide the validity and correctness of the order passed by the respondent-University. It was submitted that the said Act aims to provide for establishment and incorporation of the private Universities in the State of Gujarat so as to provide for qualitative and industry relevant higher education and to regulate its function and for the matters connected therewith and incidental thereto, and therefore, it cannot be said that such Universities are not performing public duty and the State Government has direct and pervasive control over the functioning of it. Reference was made to Sec. 31 to 35 of Chapter-VI of the said Act which stipulates that the Universities constituted under the said Act are bound to comply with all Rules, Regulations Norms etc. of the regulating bodies of the Government of India and provide all such facilities and assistance as may be required by such bodies.