M P EDUCATION SOCIETY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned advocates appearing for respective respondents are directed to waive service. The petition is taken up for final hearing and disposal today in light of the view that the Court is inclined to adopt.

(2.) The petitioner-Trust is running two colleges, namely, M.M.Shah Mahila Arts College and C.N.Arts & B.D. Commerce College at Kadi. On 23.05.2007 and 28.05.2007 respondent No.4-Trust issued advertisement and distributed handbills as well as admission forms stating that a new Arts College for Women was to be started inviting students to seek admission. Respondent No.4-Trust is already running Secondary and Higher Secondary Schools. The case of the petitioner is that the petitioner came to know that respondent No.3-University has not yet granted affiliation to respondent No.4-Trust and therefore, petitioner-Trust addressed letters to the Registrar of respondent No.3- University as well as to His Excellency The Governor of Gujarat seeking intervention on the ground that the action of respondent No.4-Trust was contrary to provisions of North Gujarat University Act, 1986 (the Act). A further request was made to restrain respondent No.4-Trust from granting illegal admissions considering the fact that the same had a direct bearing on the student strength of the petitioner. According to the petitioner since there was no response to the communication dated 25.05.2007 and 28.05.2007 the petitioner was constrained to approach this Court by way of present petition.

(3.) Upon Notice being issued the respondents have put in appearance. Heard the learned advocates for the respective parties.