MONPARA BRIJESHKUMAR VITHALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Monpara Brijeshkumar Vithalbhai and others have filed this petition before this Court under Article 226 of the Constitution of India with a prayer that this Court may issue a writ, order or direction in the nature of mandamus quashing and setting aside the communication dated 8.8.2003 issued by the Director of Education, which is at Annexure "F" to the petition. By the impugned communication dated 8.8.2003, the Director stated that, as far as Rajkot Homeopathy Medical College, respondent No.4, is concerned, the admission given to the petitioners for the Academic Year 2002-2003 on NRI (Non-Resident Indian) seats or NRI sponsored seats is not as per the Government Regulations Nos. 1 and 2. In view of the same, the admission given by the Rajkot Homeopathy Medical College (hereinafter referred to as 'College') to the students is illegal and the College must inform the students accordingly. The petitioners have challenged the said action along with another Resolution issued by the Government of Gujarat on 7.12.1999. It is the case of the petitioners that the said Resolution is contrary to and inconsistent with the principles laid down by Honourable the Apex Court in T.M.A. Pai Foundation vs State of Karnataka reported in [2002] 8 SCC p.481. The petitioners have further prayed that this Court may direct the Registrar, Saurashtra University, respondent No.3, to enroll the petitioners as students of the Saurashtra University, Rajkot, to take their examination and declare the results of Bachelor of Homeopathy Medicine and Surgery [BHMS] Degree Course of the petitioners who are given admission in the College on NRI/NRI sponsored seats for the Academic Year 2002-2003.

(2.) The facts giving rise to the present writ petition are as under:

(3.) When the matter was placed before this Court for hearing, the learned advocate for the petitioners has relied upon the judgment of the Apex Court in the case of T.M.A. Pai Foundation (supra) and also the judgment of the Apex Court in the case of Islamic Academy of Education and another vs. State of Karnataka and others, reported in (2003) 6 Supreme Court Cases 697, and also the judgment and order dated 21.4.2003 passed by this Court (Coram: A.R. Dave, J.), in Special Civil Application No.4687 of 2003, in the case of Soni R. Ashwinbhai vs. State of Gujarat, wherein, in identical situtation, the Court (Coram: A.R. Dave, J.) had admitted the matter and granted interim relief. Relying upon the same, this Court has admitted the matter and granted interim relief.