LAWS(GJH)-2008-9-131

DIVYA DRUSTI CHARITABLE TRUST Vs. STATE OF GUJARAT

Decided On September 26, 2008
DIVYA DRUSTI CHARITABLE TRUST Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE petitioner is a trust registered under the provisions of the Bombay Public Trusts Act, 1950. The petitioner applied to SNDT Women's University for affiliation of an Arts and Commercial College for Women to be established by the petitioner at Baroda. The SNDT University granted the permission for the same by letter dated 24. 3. 2006 subject to No Objection Certificate from the concerned State Government and the recognition of the concerned statutory apex body, if any, constituted by the Government of India. The petitioner accordingly made application dated 24. 3. 2006 to the State Government for such No Objection Certificate. The State Government, however, called upon the petitioner trust to first obtain No Objection Certificate from the local University i. e. M. S. University of Baroda. In absence of any response from the said University, the petitioner filed Special Civil Application No. 13714 of 2006 which was disposed of by order dated 17. 7. 2006 by the learned Single Judge of this Court directing the University to consider the petitioner's application for No Objection Certificate. The M. S. University granted No Objection Certificate by communication dated 21. 8. 2007. The petitioner thereafter requested the State Government on 3. 9. 2007 onwards to grant NOC for an Arts and Commerce College for Women at Baroda to be affiliated to the SNDT University, Mumbai. On account of inaction on the part of the State Government, the petitioner moved this Court by filing Special Civil Application No. 6413 of 2008 which came to be disposed of by order dated 22. 4. 2008 by the learned Single Judge directing the State Government to decide the petitioner's application for NOC expeditiously. By the impugned communication dated 15. 7. 2008, the State Government in the Education Department informed the petitioner trust that the State Government adopted the policy of not issuing No Objection Certificate for establishing colleges to be affiliated to any University outside the State. Hence, the petitioner's application for NOC was rejected. The petitioner trust has, therefore, now approached this Court by filing the present petition under Article 226 of the Constitution for challenging the above decision of the State Government.

(2.) THE controversy sought to be raised in this petition was also raised in Special Civil Application Nos. 9840 and 9841 of 2008. By a separate judgment delivered by us today, the said petitions are disposed of after recording the statements made by the learned counsel for the SNDT University and the petitioners in the said petition.

(3.) MS Mamta Vyas, the learned counsel counsel for the petitioners herein has also made a statement that the petitioner trust has no objection to the Government of Gujarat examining whether the college to be established by the petitioner trust has adequate infrastructure, teaching faculty and administrative machinery and has also no objection to the Government of Gujarat regulating fee structure for the college to be established by the petitioner trust. It is further stated that, however, since the SNDT University conducts an All India Common Entrance Test for admissions to SNDT University and colleges affiliated to it, the State Government will not be permitted to have any say in the matter of admissions to the petitioner college. Ms Vyas further states that the powers of the State Government to do such monitoring are not confined only to the stage of issuance of NOC and that if and when the State Government finds that the petitioner college commits breach of any of the terms and conditions of the NOC or the State Government otherwise thinks it fit on a rational ground, the State Government has also the power to withdraw the NOC subsequently which would result into adverse consequences for the petitioner college in the matter of continuance/renewal of the affiliation to the SNDT University.