SHAIKH ASIABIBI USMANGANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shaikh Asiabibi Usmangani and others, petitioners, have filed this petition before this Court under Art. 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 Assistant Director, Indian Medical & Homoeopathy Board, Gandhinagar, which is at Annexure "F" to the petition. By the impugned communication, the respondent No.1 stated that the admission of the petitioners in the Degree Course in Homoeopathy known as Bachelor of Homoeopathy Medicine and Surgery ('B.H.M.S') with the respondent No.4-College for the Academic Year 2002-03, on NRI (Non-Resident Indian) seats or NRI sponsored seats, is cancelled as their admission is contrary to the instructions issued by the Government earlier in this behalf. It is the case of the petitioners that the impugned order dated 8.8.2003 is contrary to the judgment of the Supreme Court in T.M.A. Pai Foundation Vs. State of Karnataka reported in [2002] 8 SCC p.481. The petitioners have, therefore, prayed that the impugned action of the respondents-Authorities be declared as illegal, mala fide, arbitrary and violative of Art. 14 of the Constitution of India. The petitioners have further prayed that this Court may be pleased to direct the Registrar, North Gujarat University, to en-roll the petitioners as students of North Gujarat University, Patan, take their examination and, thereafter, declare the results of B.H.M.S. Degree Court of the petitioners who are given admission in the respondent No.4-College on NRI/NRI sponsored seats for the Academic Year 2002-2003. The petitioners have further submitted that the resolution dated 8.8.2003 is also violative of rules of natural justice.

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

(3.) The petitioners submitted that, in an identical matter, this Court (Coram: A.R.Dave, J.), in Special Civil Application No.4687 of 2003, in the case of Soni Daxesh Ashwinbhai Vs. State of Gujarat, by order dated 21.4.2003, admitted the said writ petition and granted interim relief to the students who are similarly situated. The petitioners have relied upon the aforesaid order.