GAJANAND CHARITY TRUST Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE in both the petitions. In Special Civil Application No. 2908 of 2008, learned AGP Ms. Patel waives service of notice of rule on behalf of respondents no. 1 and 3 and Mr. Dave, learned counsel waives service of notice of rule on behalf of respondent no. 2 - University. 1. 1 In Special Civil Application No. 5939 of 2008, learned AGP Ms. Patel waives service of notice of rule on behalf of respondents no. 1, Mr. Subhash Barot, learned counsel waives service of notice of rule on behalf of respondents no. 2 and 3 and Mr. Dave, learned counsel waives service of notice of rule on behalf of respondent no. 4 - University.

(2.) THE short facts of the case appear to be that the petitioner is running Vrund B. Ed. College affiliated to North Gujarat University. The process of admission had started for the academic year 2007-2008 from August, 2007 onwards. As per the petitioner, the approved seats/intake capacity of the college of the petitioner is 100 out of which 85 seats are allotted in Government quota and 15 seats were to be filled up by the Management in the Management quota. The Centralized Admission Committee allotted 53 students to the petitioner college. It is an admitted position that as per the University, out of 85 total intake capacity, the students allotted were 46 through the Centralized Admission Committee on Government quota out of which 6 students who were allotted admission in the petitioner college did not approach and had not opted for admission and as a result thereof, 40 students were admitted on Government quota through Centralized Admission Committee. The Management also admitted 15 students on Management quota. As a result thereof, the total number of seats utilised by giving admission were 55 as against total intake capacity of 100 seats. In view of the aforesaid situation, about 45 seats on Government quota remained vacant. As per the petitioner, 13 students wanted to get the admission at a later stage and, therefore, the petitioner, anticipating the enrolment to be granted by the University, gave admission to these 13 students. However, on account of such admission, the number of students did not exceed 100 which was the intake capacity of the college.

(3.) AS per the petitioner, orally the petitioner was intimated by the officers of the University that the admission could be granted to such 13 students as the seats are vacant whereas the University has denied the same. When the examinations were to be conducted, the University examined the enrolment of such 13 students after having accepted the fees, but found that the admission is not through Centralized Admission Committee and, therefore, did not grant enrolment and also did not accept the examination forms. Under these circumstances, Special Civil Application No. 2908 of 2008 has been preferred by the petitioner Trust who is running the College for the appropriate writ to direct the respondent no. 2 - University to allow 13 students to appear in the examination of 1st year B. Ed. course which was to be held from 18th February, 2008.