KANUBHAI CHUNIBHAI PATEL Vs. ANANDIBEN PATEL

JUDGEMENT

(1.) Shri Kanubhai Chunibhai Patel, in his capacity as a President of Gitanajli Trust, Talod, Dist. Sabarkantha, the petitioner has filed the present petition under Article 226/227 of the Constitution of India with the prayers for directing the respondent no. 2 Secretary, Education Department and the respondent no. 3 - Gujarat State and Director, Director, Technical Education, to issue No Objection Certificate (NOC) for starting a new Pharmacy College at Talod, District Sabarkantha, from the academic year beginning from June, 2004. The petitioner has further prayed for directing the respondents no.1 to 3 (i.e. the Hon'ble Minister of Education, Secretary to the Education Department and Director of Technical Education) to produce the entire record of the proceedings in this behalf right from the office of the Directorate of Technical Education to the office of the Hon'ble Education Minister and to examine the same in public interest and to call for the names and addresses of the institutions which have been granted No Objection Certificate (hereinafter referred to as "NOC" for short) for starting new Pharmacy College and to join them as parties to the proceeding and in the meantime to put in abeyance NOC already granted. The petitioner prayed for directing the Member-Secretary, All India Council for Technical Education (hereinafter referred to as AICTE), New Delhi, respondent no. 4 not to reject the application demanding permission to start the Pharmacy College from June 2004 only on the ground of there being a delay in grant of NOC till this Hon'ble Court decides the matter finally.

(2.) The relevant facts of the petitioner's case are as under :

(3.) RULE OF NATURAL JUSTICE: