BHAVIN TRIKAMBHAI PATEL Vs. HEMCHANDRACHARYA NORTH GUJARAT UNIVERSITY

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Articles 14 and 226 of the Constitution of India as well as under the provisions of Gujarat Professional Technical Educational Colleges or Institutions (Regulation of Admission and Fixation of Fees) Act, 2007 (hereinafter referred to as the 'Act of 2007') and also under the Hemachandracharya North Gujarat University Act, 1986 for the prayers, inter alia, that appropriate writ, order or direction may be issued to respondent No. 1 University restraining from charging the faculty fees to the tune of Rs. 11,000/ - for MBA course imparted by respondent No. 1 through respondent No. 2 Institute (Sevantilal Kantilal School of Business Management (SKSBM). It is also prayed for declaration that any such charging of fees is in violation of the provisions of the Act of 2007 and has also prayed for stay of operation of the Resolution dated 7.5.2009 at Annexure -A and for refund of the amount, on the grounds stated in the memo of petition.

(2.) HEARD learned advocate Shri Saurabh Patel for the petitioner, learned advocate Shri P.A. Jadeja for respondents Nos. 1 -2 and learned AGP Shri K.M. Antani for respondent No. 5.

(3.) LEARNED advocate Shri Patel referred to the papers and pointedly referred to the provisions of the Act of 2007 and submitted that Rule 2 refers to the definitions and Rule 2(f) refers to "Professional Educational Colleges or Institutions" means a college or an institution including a University imparting Master of Business Administration (MBA) Course leading to award a postgraduate degree approved or recognized by the All India Council for Technical Education, New Delhi. He therefore submitted that the admission which has been granted to the MBA course would be subject to the provisions of this Act and the fees that could be charged for such course imparting education by any institute is provided in Rule 13. He emphasized that Rule 13(1) provides that,