SONI SWETA N Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS in all the petitions common questions arise for consideration and, therefore, they are being considered by this common judgment.

(2.) SPECIAL Civil Application No. 9053 of 2002 is preferred by the students aspirant to study in the college of Homeopathy with the prayer to quash and set aside the communicate Annexure-C dated 1. 4. 2002/1. 5. 2002 issued by respondent No. 2 to respondent No. 5 intimating that for the academic year of 2001-2002, the proposal for allotment of the seats of NRI quota is not accepted and for the academic year of 2001-2002 admission granted in NRI quota are cancelled.

(3.) IT appears that, as per the aforesaid, the petitioners, they were granted admission by the college/management on the NRI quota, and it is the contention of the petitioners that, as per the decision of the Apex Court in case of TMA Pai foundation v. State of Karantataka and others reported at (2002) 8 SCC 481, the Government, in any case, even if was to consider the question of grant of approval or otherwise on the management quota, could not have exercised the power without giving opportunity of hearing to the petitioners.