MEHTA KRINITA ASHOKBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of petitions, the petitioners-students have prayed 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 & Homeopathy Board, Gandhinagar. By the impugned communication, the respondent No.1 stated that the admission of the petitioners in the Degree Course in Homeopathy known as Bachelor of Homeopathy 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 Article 14 of the Constitution of India. The petitioners have further prayed that this Court may be pleased to direct the respondent-University to enroll the petitioners as students, take their examination and, thereafter, declare the results of B.H.M.S. Degree Course 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.) At the time of admission/hearing of the matters, this Court has admitted the matters and granted interim relief.

(3.) All these matters were placed for final hearing along with Special Civil Applications Nos.1061 of 2004 and 4187 of 2004 before summer vacation. It be noted that the petitioners-students in Special Civil Applications Nos.1061 of 2004 and 4187 of 2004 raised identical issues on similar facts. After hearing the parties, this Court, by C.A.V. Judgment dated 6th July 2004, allowed Special Civil Applications Nos.1061 of 2004 and 4187 of 2004 and quashed and set aside the impugned Government Resolution dated 8.8.2003.